The article reads, “Christopher P. Fitzgerald of Boston said the decision illustrates how a valid and complete defense to a products liability claim might not be a complete defense to a Chapter 93A claim.”
“But more often, the underlying basis for the 93A claim will mirror the other products liability claims in the case,” Fitzgerald said. “For example, we often see 93A claims premised upon an alleged breach of the implied warranty of merchantability. Under those circumstances, the 93A claim is derivative in nature and a plaintiff’s ability to prevail on the 93A claim will be dependent upon the plaintiff prevailing on the breach of warranty claim.”
For the entire article (subscription required): https://masslawyersweekly.com/2026/03/26/mass-appeals-court-93a-tobacco-philip-morris-ruling/
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