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
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
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
6/12/2020
/ Agency Relationship ,
Arbitration Agreements ,
Bodily Injury ,
Car Dealerships ,
Derivative Tort Claims ,
Design Defects ,
Diminished Capacity ,
Dismissals ,
Diversity Jurisdiction ,
Due Process ,
Expert Testimony ,
Eyewitness Testimony ,
Failure To Warn ,
Financial Statements ,
Inadmissible Evidence ,
Joinder ,
Lack of Evidence ,
MA Supreme Judicial Court ,
Manufacturer Liability ,
Negligence ,
Nursing Homes ,
Out-of-State Companies ,
Parent Corporation ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Product Defects ,
Renewal Statutes ,
Securities and Exchange Commission (SEC) ,
Statute of Limitations ,
Subsidiaries ,
Summary Judgment ,
Tolling ,
Waiver of Liability ,
Wrongful Death
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 Holds Due Process Forbids Exercising Specific Jurisdiction Over Nonresident Plaintiffs’ Claims Against Nonresident Defendant Where Claims Did Not Arise From Defendant’s Contacts with Forum,...more
8/31/2017
/ Breach of Warranty ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Compliance ,
CORI ,
Design Defects ,
Due Process ,
Failure To Warn ,
Fraud ,
Multidistrict Litigation ,
Non-Residents ,
SCOTUS ,
Specific Jurisdiction ,
Zofran
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
Massachusetts Federal Court Holds Proof of Testing of Proposed Alternative Design Not Required in Design Defect Claim, Evidence Plaintiff Ignored Defendant’s Warnings Did Not Establish He Was Sole Proximate Cause of Injury on...more
10/29/2015
/ Breach of Warranty ,
Causation ,
Cross Examination ,
Design Defects ,
Duty to Warn ,
Environmental Protection Agency (EPA) ,
Failure To Warn ,
Gross Negligence ,
Implied Warranties ,
Inadmissible Evidence ,
Learned Treatise ,
MA Supreme Judicial Court ,
Medical Malpractice ,
Negligence ,
New Trial ,
PCBs ,
Physicians ,
Privity of Contract ,
Remittitur ,
Statute of Limitations ,
Successors ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
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
7/30/2015
/ Admissible Evidence ,
Asbestos ,
Asbestos Litigation ,
Bayh-Dole Act ,
Biologics ,
Compensatory Awards ,
Design Defects ,
Diversity Jurisdiction ,
Expert Testimony ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Foreign Manufacturers ,
Fraudulent Joinder ,
Manufacturing Defects ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Preemption ,
Private Right of Action ,
Product Defects ,
Statute of Limitations ,
Summary Judgment ,
Tobacco Litigation ,
Tolling ,
Wrongful Death
In This Issue:
..Massachusetts Supreme Judicial Court (Finally) Enforces Agreement for Individualized Arbitration of Unfair and Deceptive Practices Claims Following United States Supreme Court Decision Reversing...more
10/1/2013
/ Arbitration ,
Arbitration Agreements ,
Design Defects ,
Due Diligence ,
Economic Loss Doctrine ,
Expert Testimony ,
Failure To Warn ,
Federal Arbitration Act ,
Fitness for Particular Purpose ,
Indemnification ,
Issue Preclusion ,
Medical Devices ,
Negligence ,
Punitive Damages ,
Unfair or Deceptive Trade Practices ,
Void and Unenforceable ,
Warranties
Included in this Issue:
..United States Supreme Court Reverses First Circuit and Holds Federal Food Drug & Cosmetic Act Preempts Design Defect Claims against Generic Pharmaceutical Manufacturers
..United States...more