Product Liability Update - May 2009



*United States Supreme Court Holds State Law Failure-to-Warn Claims Involving Prescription Drugs Not Preempted by FDA Approval of Warnings Absent Clear Evidence FDA Would Have Rejected Plaintiff’s Proposed Warning

*First Circuit Holds Class Action Fairness Act Requires Removing Defendant To Demonstrate “Reasonable Probability” That Amount In Controversy Exceeds $5 Million

*First Circuit Holds “Home State” Exception to Federal Jurisdiction Under Class Action Fairness Act Does Not Require Consideration of Citizenship of Class Members in Other Class Actions Arising Out of Same Factual Nucleus

*Massachusetts Supreme Judicial Court Holds “Light” Cigarettes Class Action Not Preempted by Cigarette Labeling and Advertising Act Based on United States Supreme Court Ruling, Not Subject to Chapter 93A Because FTC Consent Decree Did Not Affirmatively Permit Defendant’s Statement

*Massachusetts Federal District Court Dismisses Putative Class Action Against Manufacturer of Recalled Heartworm Medication Based on Economic Loss Rule and Plaintiff’s Inability to Show Compensable Loss Where She Received Product’s Expected Benefit

Please see full update for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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