Texas House Passes Pandemic Liability Protection Act
More Emerging Litigation Claims and Demands from COVID-19
Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...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
In a wrongful death suit by a Massachusetts wife of a man and their child who drowned in a Montreal hotel pool, a Massachusetts federal court held in Nandjou v. Marriott Internationalthat it had jurisdiction under the state...more
On January 23, 2019, the Appellate Division, Second Department issued a decision in Aybar v. Aybar, A.D.3d, 2019 NY Slip Op 00412 (2019). The Second Department’s holding substantially narrows the grounds for establishing...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
In this issue of Pro Te (Volume 11, No.3), we examine three important topics that are sure to capture your interest. The Supreme Court’s Bristol-Meyers Squibb decision was met with no small amount of (completely justified)...more
Massachusetts Federal Court Holds No Personal Jurisdiction Over Foreign Manufacturer Which, Although It Used A Nationwide United States Distributor, Did Not Specifically Target Massachusetts For Sales - In Preferred Mut....more
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
Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more
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