Delfuoco v. K-Mart Corporation

2 Citing cases

  1. In re Fresenius Granuflo/Naturalyte Dialysate Prods. Liab. Litig. Granuflo/Dialysate Prods. in Miss.

    MDL NO. 13-02428-DPW (D. Mass. Jan. 2, 2015)

    Massachusetts courts have, nevertheless, considered the location of events that constitute the alleged wrongdoing as essential for the substantial interest analysis. See, e.g., Nierman 808 N.E.2d at 697 ("all of the events constituting the alleged negligence took place in Texas"); Delfuoco v. K-Mart Corp., 817 N.E.2d 339 ("it was in Pennsylvania that all of the events constituting the alleged negligence took place, where the defendant operates a business . . ."); Ristaino v. D.C. Bates Equip. Co., 2004 WL 1171247 (Mass. Super.

  2. In re Fresenius Granuflo/Naturalyte Dialysate Prods. Liab. Litig.

    76 F. Supp. 3d 294 (D. Mass. 2015)   Cited 13 times
    Holding that, from the vantage point of this stage in the proceeding, “Massachusetts has a substantial interest in the timeliness of this action,” and therefore the Massachusetts statute of limitations is appropriate for cases subject to a Massachusetts choice of law analysis.

    Massachusetts courts have, nevertheless, considered the location of events that constitute the alleged wrongdoing as essential for the substantial interest analysis. See, e.g., Nierman, 808 N.E.2d at 293 (“all of the events constituting the alleged negligence took place in Texas”); Delfuoco v. K–Mart Corp., 817 N.E.2d 339 (“it was in Pennsylvania that all of the events constituting the alleged negligence took place, where the defendant operates a business ...”); Ristaino v. D.C. Bates Equip. Co., 2004 WL 1171247 (Mass.Super. May 12, 2004) (Massachusetts statute of limitation applied where New Jersey plaintiff was injured in New Jersey by a defective product produced in Massachusetts by a Massachusetts company).