United States First Circuit

In this products liability litigation, plaintiff alleged that a product defect in defendant's corrugated stainless steel tubing (CSST) caused risks of the CSST being vulnerable to failure after lightning strikes. Dismissal for lack of standing is affirmed, where: 1) plaintiff fails to allege facts sufficient to assess the probability of future injury or instances of actual damage where the cause is clear; and 2) plaintiff concedes that the CSST meets applicable regulatory standards specifically addressing the risk.

Appellate Information

• Decided 11/04/2014
• Published 11/04/2014

Judges

• Lynch

Court

• United States First Circuit

Counsel