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
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
10/25/2022
/ Anti-Kickback Statute ,
Attorney's Fees ,
Bodily Injury ,
Design Defects ,
Health Care Providers ,
Healthcare ,
Manufacturers ,
Medical Devices ,
Misrepresentation ,
Summary Judgment ,
Unfair or Deceptive Trade Practices
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
MASSACHUSETTS -
Massachusetts Supreme Judicial Court Holds State Law Claims Against Manufacturer Of FDA-Approved Medical Device “Parallel” Federal Law Requirements And Hence Are Not Preempted Despite Failure To Identify...more
MASSACHUSETTS -
Massachusetts Supreme Judicial Court Applies “Transient Jurisdiction” Doctrine To Hold Nonresident Individuals’ Intentional, Knowing And Voluntary Presence In Massachusetts At Time Of Service Sufficient To...more
1/31/2019
/ Due Process ,
Duty to Warn ,
False Advertising ,
Hazing ,
Learned Intermediary ,
Manufacturers ,
Out-of-State Companies ,
Personal Jurisdiction ,
Prescription Drugs ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
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
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
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
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
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
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
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
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