News & Analysis as of

Manufacturing Defects Preemption

Nutter McClennen & Fish LLP

Product Liability 2022 Year in Review

Massachusetts federal and state courts issued several important product liability decisions in 2022. Nutter’s Product Liability practice group reviewed these cases and report on their significant holdings as follows ...more

Haug Partners LLP

Clarifying the Scope of the Parallel Claim Exception to Federal Regulatory Preemption of Medical Devices

Haug Partners LLP on

Medical device manufacturers who seek to dispose of meritless claims at the initial pleading stage have long relied upon the doctrine of federal regulatory preemption. This doctrine is embodied by 21 U.S.C. § 360k(a), the...more

Cozen O'Connor

Washington Court Upholds Preemption Ruling for Aircraft Component Manufacturer

Cozen O'Connor on

Last week, in the Estate of Virgil Becker v. Forward Technology Industries, Inc., a Washington appellate court upheld a lower court decision affirming the dismissal of claims against an aircraft component manufacturer on...more

Morrison & Foerster LLP

Sixth Circuit Sweeps State-Law Design Defect Claims Under the Rug of Impossibility Preemption

Morrison & Foerster LLP on

Last week, the Sixth Circuit Court of Appeals issued a groundbreaking opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals, Inc. that could change the liability landscape for brand-name drug manufacturers. No. 15-3104...more

Foley Hoag LLP

Product Liability Update - July 2015

Foley Hoag LLP on

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

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