United States First Circuit

Summary judgment in favor of defendant in a putative class action alleging that defendant endangered the health of the plaintiffs and others similarly situated by negligently exposing them to beryllium used in the manufacturing process at defendant's plant, is affirmed, where: 1) the record discloses no evidence that any plaintiff, named or unnamed, in either the employee class or the take-home class, has as yet developed beryllium sensitization (BeS), so plaintiffs have not carried their burden of producing evidence sufficient to preclude summary judgment; and 2) a cause of action for medical monitoring under Massachusetts law requires a showing of subcellular or other physiological change, and plaintiffs' counsel was clear in the proceedings below that he was not challenging that requirement in this proceeding.

Appellate Information

• Decided 06/10/2014
• Published 06/10/2014

Judges

• SELYA

Court

• United States First Circuit

Counsel