United States First Circuit

In plaintiff's putative class action suit against Weyth Corporation and its subsidiary, alleging that defendants had sold a heartworm medication for dogs without disclosing safety concerns revealed in initial testing and in subsequent use, a grant of defendants' motion to dismiss for failure to sate a claim is affirmed where: 1) recovery generally is not available under the warranty of merchantability where the defect that made the product unfit caused no injury to the claimant and the threat is now gone and nothing now possessed by the claimant has been lessened in value; and 2) plaintiff has suffered no economic injuries under 93A section 4.

Appellate Information

• Decided 06/02/2010
• Published 06/02/2010

Judges

• BOUDIN, Circuit Judge., Before TORRUELLA, BOUDIN and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Peter Zavez with whom Noah Rosmarin and Adkins, Kelston & Zavez, P.C. were on brief for appellant.


• For Appellees:
  
• John J. Butts with whom Felicia H. Ellsworth and Wilmer Cutler Pickering Hale and Dorr LLP were on brief for appellees.