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
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
10/6/2023
/ Appeals ,
Cancer ,
Class Action ,
Consumer Litigation ,
Damages ,
Dietary Supplements ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
MA Supreme Judicial Court ,
New York ,
Strict Product Liability ,
Toxic Chemicals ,
Toxic Exposure
MASSACHUSETTS -
First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more
5/12/2023
/ Animal Food ,
Class Action ,
Discovery ,
Evidence ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Prescription Drugs ,
Putative Class Actions ,
Warning Labels
MASSACHUSETTS -
Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more
2/14/2023
/ Actual Injuries ,
Appeals ,
Asbestos ,
Class Action ,
Damages ,
Failure to Report ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Medical Devices ,
Misrepresentation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
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 -
• United States Supreme Court Holds Due Process Permits Exercise Of Specific Personal Jurisdiction Over Out-Of-State Vehicle Manufacturer For Product Liability Claims For Harm To Forum...more
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
6/12/2020
/ Agency Relationship ,
Arbitration Agreements ,
Bodily Injury ,
Car Dealerships ,
Derivative Tort Claims ,
Design Defects ,
Diminished Capacity ,
Dismissals ,
Diversity Jurisdiction ,
Due Process ,
Expert Testimony ,
Eyewitness Testimony ,
Failure To Warn ,
Financial Statements ,
Inadmissible Evidence ,
Joinder ,
Lack of Evidence ,
MA Supreme Judicial Court ,
Manufacturer Liability ,
Negligence ,
Nursing Homes ,
Out-of-State Companies ,
Parent Corporation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Product Defects ,
Renewal Statutes ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Subsidiaries ,
Summary Judgment ,
Tolling ,
Waiver of Liability ,
Wrongful Death
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
First Circuit Holds Subsequent FDA Approval Of Drugs For Pediatric Use Not Conclusive Proof Of Effectiveness At Time Of Sale So As To Preclude Fraudulent Marketing Claims, And Individualized Proof Of Causation Of...more
Massachusetts Supreme Judicial Court Recognizes Claim Against Brand-Name Drug Manufacturer By Generic Drug User Where Failure To Warn Is Reckless -
In Rafferty v. Merck & Co., 479 Mass. 141 (2018), plaintiff alleged...more
In a case of first impression, the Massachusetts Supreme Judicial Court (“SJC”) held in Rafferty v. Merck & Co., No. SJC-12347 (Mar. 16, 2018), that the manufacturer of a brand-name prescription drug can be liable for...more
First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more
Massachusetts Federal Court In Multi-District Litigation Holds Under Six States’ Laws That Manufacturer Of Brand-Name Pharmaceutical Is Not Liable For Injuries Caused By Generic Equivalents Whose Manufacturers Were Required...more
10/19/2017
/ Failure To Warn ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Manufacturers ,
Medical Devices ,
Multidistrict Litigation ,
Pharmaceutical Industry ,
Preemption ,
Safety Standards ,
Unfair or Deceptive Trade Practices ,
Warning Labels
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 In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more
4/18/2017
/ Affidavits ,
Failure To Warn ,
Learned Intermediary ,
Maintenance ,
Negligence ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Statute of Limitations ,
Strict Liability ,
Unfair or Deceptive Trade Practices ,
Warning Labels ,
Wrongful Death
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
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 ,
Food and Drug Administration (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
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
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
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
Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more
7/30/2015
/ Admissible Evidence ,
Asbestos ,
Asbestos Litigation ,
Bayh-Dole Act ,
Biologics ,
Compensatory Awards ,
Design Defects ,
Diversity Jurisdiction ,
Expert Testimony ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Manufacturers ,
Fraudulent Joinder ,
Manufacturing Defects ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Private Right of Action ,
Product Defects ,
Statute of Limitations ,
Summary Judgment ,
Tobacco Litigation ,
Tolling ,
Wrongful Death
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