Massachusetts federal and state courts issued several important product liability decisions in 2023. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
1/29/2024
/ Class Action ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
Labeling ,
Magnuson-Moss Act ,
Manufacturers ,
Mitsubishi ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Prescription Drugs ,
Putative Class Actions ,
RJ Reynolds ,
Warning Labels
On June 27, the U.S. Supreme Court upheld a Pennsylvania law that requires companies to consent to being sued in its state courts as a condition of registering to do business there. In Mallory v. Norfolk Southern, the Court...more
6/29/2023
/ Business Litigation ,
Constitutional Challenges ,
Due Process ,
General Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
SCOTUS ,
State of Incorporation ,
Statutory Interpretation
Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more
1/24/2023
/ Adverse Events ,
Article III ,
Breach of Implied Contract ,
Breach of Warranty ,
Data Reporting ,
Expert Testimony ,
Food and Drug Administration (FDA) ,
Jury Instructions ,
Manufacturers ,
Manufacturing Defects ,
Overpayment ,
Preemption ,
Product Defects ,
Standing
Q: The COVID-19 pandemic has exacerbated the skepticism some laypeople harbor toward scientists and medical experts. How can you overcome these jurors’ perceptions in science-based trials? A: Trial lawyers should spend more...more
2/17/2022
/ Bias ,
Coronavirus/COVID-19 ,
Expert Witness ,
Federal Rules of Evidence ,
Juror ,
Jury Selection ,
Rules of Evidence ,
Social Distancing ,
Subject Matter Experts (SMEs) ,
Trial Attorneys ,
Trial Preparation
Massachusetts federal and state courts issued several important product liability decisions in 2021. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows...more
1/12/2022
/ Appeals ,
Bodily Injury ,
Breach of Implied Contract ,
Breach of Warranty ,
But For Causation ,
Causation ,
Claim Preclusion ,
Component Parts Doctrine ,
CVS ,
Duty to Warn ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Joint Tortfeasors ,
Manufacturers ,
Medical Devices ,
Medtronic ,
Merck ,
Negligence ,
Philip Morris ,
Preemption ,
Prescription Drugs ,
Product Defects ,
Restatement of Torts ,
State Law Claims ,
Zofran
Q: The FDA’s stance on a regulatory framework for artificial intelligence and machine learning (AI/ML) software as a medical device is continuously evolving. Could you explain the history? A: Artificial intelligence (AI) is...more
2/5/2021
/ Artificial Intelligence ,
Cybersecurity ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Machine Learning ,
Manufacturers ,
Medical Devices ,
Medical Software ,
Personal Data ,
Popular ,
Preemption ,
Software Developers
Massachusetts federal and state courts issued a number of important product liability decisions in 2020. These involved a number of rulings on issues surrounding personal jurisdiction. The Product Liability practice group at...more
Q: The COVID-19 pandemic has forced mediations to move online to Zoom and other virtual platforms. How should general counsel adapt their strategies before the mediation occurs?
A: In a live mediation, much thought is...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
2/3/2020
/ Abuse of Discretion ,
Appeals ,
Asbestos ,
Asbestos Litigation ,
Bodily Injury ,
Breach of Warranty ,
Causation ,
Class Action ,
Class Certification ,
Closing Arguments ,
Consumer Protection Laws ,
Damages ,
Diversity Jurisdiction ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Health and Safety ,
Injury-in-Fact ,
Interlocutory Appeals ,
MA Supreme Judicial Court ,
Manufacturers ,
Mesothelioma ,
Mistrial ,
Motion to Dismiss ,
Opioid ,
OxyContin ,
Pharmaceutical Industry ,
Preemption ,
Public Health ,
Reversal ,
RICO ,
Statute of Repose ,
Summary Judgment ,
Supply Chain ,
Time-Barred Claims ,
Tolling ,
Unjust Enrichment ,
Warning Labels ,
Wrongful Death
Q: How is the shift of medical devices moving to the Internet of Things affecting the health care industry?
A: Connected medical devices routinely record sensitive health information about a patient. This critical...more
11/26/2019
/ Cybersecurity ,
Data Collection ,
Hackers ,
Health Care Providers ,
Internet of Things ,
Medical Devices ,
PHI ,
Professional Liability ,
Risk Management ,
Security and Privacy Controls ,
Third-Party Liability
Q: Could you describe the process of preparing expert witnesses for mass tort litigation?
David L. Ferrera: All federal courts and most state courts require a written expert report, which informs the opposing counsel months...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2018. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
1/29/2019
/ Asbestos ,
Breach of Warranty ,
Car Accident ,
Duty of Care ,
FDA Approval ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
General Electric ,
Generic Drugs ,
Medical Devices ,
Motion to Dismiss ,
Negligence ,
Pharmaceutical Industry ,
Power Plants ,
Preemption ,
Prescription Drugs ,
Putative Class Actions ,
State Law Claims ,
Statute of Limitations ,
Statute of Repose ,
Subject Matter Jurisdiction ,
Warning Labels ,
Wrongful Death
Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more
1/31/2018
/ Boehringer ,
Breach of Implied Contract ,
Component Parts Doctrine ,
Design Defects ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Fraud ,
Manufacturers ,
Marketing ,
Monsanto ,
Negligence ,
Pharmaceutical Industry ,
POM Wonderful ,
Preemption ,
Product Defects ,
RICO ,
Sherman Act ,
Strict Product Liability ,
Warranties
Massachusetts state and federal courts issued a number of important product liability decisions in 2016. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more
David Ferrera, partner in Nutter’s Litigation Department and chair of the firm’s Product Liability and Toxic Tort Litigation practice group, and Robyn Maguire, partner in Nutter’s Litigation Department and a member of the...more
Q: How can a drug and medical device company recognize when it may face a global issue?
David Ferrera: Not every litigation presents the potential for an international mass tort. A drug or medical device company may have a...more