Massachusetts Supreme Judicial Court

Case Status


Docket Number

SJC 10059

Oral Argument Date

February 04, 2008


Case Updates

Massachusetts Supreme Court rejects “no injury” class actions brought under the Massachusetts Consumer Protection Act

June 13, 2008

The Massachusetts Supreme Judicial Court dismissed both the implied warranty and the consumer fraud claims that rest on the “bare assertion” that the defendant knowingly sold a product that is “defective” or suffers from a “safety-related defect.” In this case, there was no allegation that the plaintiffs suffered personal injury or property damage.

U.S. Chamber files amicus brief

January 14, 2008

At the request of the Massachusetts high court, the U.S. Chamber filed a brief to assist the court as it considered whether unrealized “dimunition in value” damages in connection with an allegedly defective product were obtainable under the Massachusetts Consumer Protection Act. In its brief, the Chamber made clear its concern that this theory, if adopted, would expose the business community to potentially unlimited class action claims for “diminution in value” damages.

Case Documents