Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
8/13/2024
/ Breach of Warranty ,
Causation ,
Design Defects ,
Distributors ,
Environmental Protection Agency (EPA) ,
Failure To Warn ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Manufacturing Defects ,
Product Defects ,
Regulatory Requirements ,
Retailers ,
Strict Product Liability
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more
United States Supreme Court Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more
8/31/2017
/ Breach of Warranty ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Compliance ,
CORI ,
Design Defects ,
Due Process ,
Failure To Warn ,
Fraud ,
Multidistrict Litigation ,
Non-Residents ,
SCOTUS ,
Specific Jurisdiction ,
Zofran
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 ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Labeling ,
Life Sciences ,
Medical Devices ,
Mootness ,
Personal Jurisdiction ,
Putative Class Actions ,
Safeguards Rule ,
Unfair or Deceptive Trade Practices
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
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 ,
Environmental Protection Agency (EPA) ,
Failure To Warn ,
Gross Negligence ,
Implied Warranties ,
Inadmissible Evidence ,
Learned Treatise ,
MA Supreme Judicial Court ,
Medical Malpractice ,
Negligence ,
New Trial ,
PCBs ,
Physicians ,
Privity of Contract ,
Remittitur ,
Statute of Limitations ,
Successors ,
Unfair or Deceptive Trade Practices ,
Wrongful Death