OCM Partner David Mack Quoted in Lawyers Weekly

OCM partner David Mack appeared on the cover of the July 8, 2019 edition of Lawyers Weekly concerning the 1st Circuit’s decision in AcBel Polytech, Inc. v. Fairchild Semiconductor Int’l, Inc.  The case involved a claim against a manufacturer who sold an allegedly defective product to the plaintiff.  The defendant successfully argued at trial that it could not be liable for the defect because industry standard testing could not have uncovered the flaw in the product.  The First Circuit reversed, holding that the industry standard testing defense did not apply in defective product cases where the only damage was to the product itself, in contrast to defective products causing personal injury.

In the article, David notes that the First Circuit’s opinion is groundbreaking and could have a significant impact in other jurisdictions: “This appears to be a groundbreaking decision in that no court had used that distinction to cast aside the manufacturer’s reasonable treating defense. It will be interesting to see if other courts take the 1st Circuit’s lead.”

O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. Our legal team includes top-flight commercial litigation attorneys as well as dedicated personal injury lawyers. Our clients include Fortune 500 companies as well as closely-held businesses and astute individuals. We believe every client deserves the finest representation possible for a fee they can afford. Accordingly, we offer our services at rational hourly rates and on a contingency fee basis, devise our strategies to fit the amount at stake, and are open to creative alternative fee arrangements as well. Our attorneys serve clients in Middlesex County and Suffolk County, as well as throughout Massachusetts and New England. Contact us to learn more.