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
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
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
8/18/2020
/ Appeals ,
Asbestos Litigation ,
Breach of Contract ,
Cancer ,
Class Action ,
Contract Disputes ,
Dismissals ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Labeling ,
Lack of Jurisdiction ,
Medical Malpractice ,
Online Education ,
Personal Jurisdiction ,
Piercing the Corporate Veil ,
Private Nuisance
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 Plaintiff Adequately Alleges Deceptive Practices Claim For No-Hazelnut Coffee Labeled “Hazelnut Créme” Despite Ingredient List Excluding Hazelnuts And Mentioning Artificial Flavors, Allegation Of Deception...more
Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens, Citing Japanese Compensation System That Provided Alternative Forum...more
8/7/2019
/ Asbestos ,
Birth Defects ,
Duty to Warn ,
Firearms ,
Negligence ,
Pharmaceutical Industry ,
Power Plants ,
Prejudice ,
Prescription Drugs ,
Product Defects ,
Scientific Evidence ,
Unfair or Deceptive Trade Practices
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 -
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
First Circuit Holds Personal Jurisdiction Over Foreign Software Services Provider On Claim Arising Under Federal Law Satisfies Fifth Amendment Due Process’ Minimum Contacts Requirement Because Defendant Knowingly Conducted...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
In Wendell v. GlaxoSmithKline LLC, the U.S. Court of Appeals for the Ninth Circuit reversed a trial court order that excluded expert testimony concerning the cause of a profoundly rare and deadly disease. The decision...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