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Photo of Eric Hudson

Today’s opinion, Digan v. Luxco, Inc., 2026 U.S. Dist. LEXIS 209391 (D. Mass. Sept. 16, 2026), arises from the bad combination of an open flame, a fraternity party, and Everclear alcohol. For those who’ve never encountered Everclear, it’s a 95% ethanol, 190-proof alcoholic beverage. Stiff and obviously flammable stuff. A frat-member poured a bottle of Everclear on a backyard fire during a party, creating a fireball that badly burned the plaintiff. Plaintiff sued the manufacturer of Everclear alleging a variety of claims, most of which would not make the opinion blog-worthy for us. But one aspect of the opinion caught our eye—the court’s rejection of “negligent undertaking” liability. 

We’ve blogged about some troubling aspects of negligent undertaking liability before, and we don’t want to see it creep into our practice area. Here the court held that marketing a product does not create a special duty to ensure the protection of its consumers, and that’s worth a post.

Continue Reading Dismissal of Negligent Undertaking Claim in Massachusetts
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Today’s guest post is by Kevin Hara, of Reed Smith, who is pinch-hitting for Steve Boranian. His post today discusses the Texas Supreme Court’s procedural reversal of a lower court’s refusal to hear an interlocutory appeal concerning application of a Texas distributor immunity statute arising in the context of an FDA-regulated drug. The…

Photo of Bexis

This post is off-topic – it has nothing to do with prescription medical product liability litigation, or even the law.  Bexis recently took a vacation on the island of Kauai, in Hawai’i, for the sixteenth time.  He hiked, for the tenth time, the first two miles of the Kalalau Trail, to Hanakapiai Beach.  That’s nice…

Photo of Michelle Yeary

On April 28, Dechert will host its 3rd Annual Life Sciences Day, a half-day program for in-house counsel, executives, and investors. Featuring speakers from leading pharmaceutical and biotech companies, the program will deliver sharp insights on the legal, regulatory, and business challenges shaping the industry. Hear directly from practitioners on how to…

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Revenue” Never Actually Received

Today’s guest post, by Reed Smith’s Paul Melniczak and Erin Apsokardu, is a little different.  It’s not about product liability, but rather about a state tax issue with the potential for saving drug companies substantial sums.  Since a dollar is a dollar, whether it is saved from bogus product…

Photo of Steven Boranian

The Supreme Court recently issued a unanimous decision resolving a circuit split on an important question of federal subject matter jurisdiction: Whether a district court’s erroneous dismissal of a nondiverse party before final judgment can cure a jurisdictional defect that existed when a case was removed to federal court.  You might think this is a…

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To all in-house counsel working in the pharmaceutical, medical device, biotech, and digital health industries: if you can use a few CLE hours, we invite you to attend Reed Smith’s annual Virtual Health Care Week, taking place from March 16 through March 19, 2026.

This four-day all-remote event will explore recent developments, challenges, and opportunities…

Drug & Device Resources

Bexis’ Book

FDA-regulated products now account for an estimated one-fifth of overall economic activity in the U.S. They have also been the focus of a litigation explosion. This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Learn more about this book