David Geiger

David Geiger

Foley Hoag LLP

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Product Liability Update: January 2017

Massachusetts Appeals Court Holds Birth Control Patch Manufacturer Had Duty to Warn Patient Directly But Packet Insert Adequately Warned of Greater Risk of Blood Clots As Compared to Birth Control Pill; Design Defect Claim...more

2/8/2017 - Birth Control Pill Design Defects Duty to Warn Manufacturers Pharmaceutical Industry Punitive Damages Summary Judgment Unfair or Deceptive Trade Practices

Product Liability Update: October 2016

Massachusetts Federal Court Dismisses Putative Class Action Because Defendant’s Unconditional Checks for Named Plaintiff’s Maximum Damages, Even Though Uncashed, Mooted Suit - In Demmler v. ACH Food Companies, Civil No....more

10/4/2016 - 3D Printing All Natural Breach of Warranty CAFA Consumer Protection Act Failure To Warn FDA FDCA Food Manufacturers Labeling Life Sciences Medical Devices Mootness Personal Jurisdiction Putative Class Actions Safeguards Rule Unfair or Deceptive Trade Practices

Product Liability Update: April 2016

Massachusetts Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more

8/31/2016 - Conflicting Proposals Evidence Suppression Expert Testimony Failure To Warn FDA General Jurisdiction Generic Drugs Innovator Liability Negligence Nexus Off-Label Use Out-of-State Judgments Personal Jurisdiction Pharmaceutical Industry Pleading Standards Product Defects Res Ipsa Loquitur Standing Subject Matter Jurisdiction Transfer of Venue

Product Liability Update: April 2016

United States Supreme Court Permits Class Certification And Proof of Liability Through Statistical Evidence Based on Class Sampling Where Class Was Sufficiently Uniform That Evidence Would Have Been Admissible in Any Class...more

4/8/2016 - Class Certification Discovery Failure To Warn FDA Investment Trust Companies Off-Label Promotion Pharmaceutical Industry SCOTUS Shareholders Workplace Safety

Wyeth v. Levine’s ‘Clear Evidence' Language: Clearly Misunderstood

In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and...more

2/3/2016 - Burden of Proof Clear and Convincing Evidence Failure To Warn FDA FDCA Preemption Prescription Drugs SCOTUS Warning Labels Wyeth

Product Liability Update: January 2016

Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff - In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more

2/3/2016 - Breach of Warranty Campbell Ewald v Gomez Class Action Class Representatives Damages Fairness Hearings Fraudulent Joinder Jurisdiction Manufacturers Mootness Preemption Rule 68 SCOTUS Settlement Offer Statute of Limitations

Product Liability Update - October 2015

Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more

10/29/2015 - Breach of Warranty Causation Cross Examination Design Defects Duty to Warn EPA Failure To Warn Gross Negligence Implied Warranties Inadmissible Evidence Learned Treatise MA Supreme Court Medical Malpractice Negligence New Trial PCBs Physicians Privity of Contract Remittitur Statute of Limitations Successors Unfair or Deceptive Trade Practices Wrongful Death

Product Liability Update - April 2015

In This Issue: - First Circuit Holds State Law Claims Against Drug Manufacturer for Allegedly Misleading Efficacy Representations in FDA-Approved Label Preempted by Food, Drug & Cosmetic Act Because Plaintiffs’...more

4/8/2015 - Assumption of the Risk Duty to Warn FDCPA Implied Warranties Labeling Misleading Statements Pharmaceutical Industry Preemption Prescription Drugs

Product Liability Update - January 2015

In This Issue: - First Circuit Holds Plaintiff Lacks Standing to Recover for Allegedly Defective Product Based on Risk of Future Harm From Lightning Strike Where Complaint Contained Insufficient Facts to Demonstrate...more

1/16/2015 - Manufacturers Personal Jurisdiction Smartphones Standing Subject Matter Jurisdiction Warranties

Product Liability Update - October 2014

In this Issue: - Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and...more

10/15/2014 - Comparative Negligence Negligence Safety Manuals Warning Labels Warranties

Product Liability Update - July 2014

In This Issue: - Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in...more

7/24/2014 - Foreign-Made Goods Jurisdiction Manufacturers Negligence Personal Jurisdiction Prescription Drugs

Federal Court Holds Manufacturer of Investigational Drug and Medical Device Responsible for Clinical Trial Investigator’s...

In a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a...more

7/17/2014 - Clinical Trials Informed Consent Manufacturers Medical Devices Pharmaceutical Industry

Product Liability Update - April 2014

Included in this Issue: ..United States Supreme Court Holds Due Process Forbids California’s Exercise of General Jurisdiction Over German Manufacturer in Suit by Argentinian Plaintiffs Involving Argentinian Subsidiary...more

4/2/2014 - Foreign Corporations Jurisdiction Manufacturers Subsidiaries

Product Liability Update - January 2014

In this Issue: ..Massachusetts Federal Court Rejects Exception to “Learned Intermediary” Rule for Prescription Drug Advertised Directly to Consumers, and Excludes Expert Opinion of Inadequate Warnings as Unqualified...more

1/15/2014 - Advertising FDA Inadequate Warning Learned Intermediary Medical Devices Prescription Drugs Transvaginal Mesh

Product Liability Update -- October 1, 2013

In This Issue: ..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more

10/1/2013 - Arbitration Arbitration Agreements Design Defects Due Diligence Economic Loss Doctrine Expert Testimony Failure To Warn Federal Arbitration Act Fitness for Particular Purpose Indemnification Issue Preclusion Medical Devices Negligence Punitive Damages Unfair or Deceptive Trade Practices Void and Unenforceable Warranties

Product Liability Update - July 2013

Included in this Issue: ..United States Supreme Court Reverses First Circuit and Holds Federal Food Drug & Cosmetic Act Preempts Design Defect Claims against Generic Pharmaceutical Manufacturers ..United States...more

8/1/2013 - Design Defects FDCA Generic Drugs Mutual Pharmaceuticals v Bartlett Pharmaceutical Industry Preemption SCOTUS

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