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
MASSACHUSETTS -
First Circuit Holds Failure-To-Warn Claims Against Drug Manufacturer Preempted By Federal Food, Drug, And Cosmetic Act Because Animal Studies Cited By Plaintiffs Did Not Demonstrate Risks Beyond Those In...more
5/12/2023
/ Animal Food ,
Class Action ,
Discovery ,
Evidence ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Medical Devices ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Prescription Drugs ,
Putative Class Actions ,
Warning Labels
MASSACHUSETTS -
Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more
2/14/2023
/ Actual Injuries ,
Appeals ,
Asbestos ,
Class Action ,
Damages ,
Failure to Report ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Labeling ,
Manufacturers ,
Medical Devices ,
Misrepresentation ,
Over The Counter Drugs (OTC) ,
Prescription Drugs ,
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
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
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
Massachusetts Federal Court Dismisses Putative Class Action Because Defendant’s Unconditional Checks for Named Plaintiff’s Maximum Damages, Even Though Uncashed, Mooted Suit -
In Demmler v. ACH Food Companies, Civil No....more
10/4/2016
/ 3D Printing ,
All Natural ,
Breach of Warranty ,
CAFA ,
Consumer Protection Act ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Labeling ,
Life Sciences ,
Medical Devices ,
Mootness ,
Personal Jurisdiction ,
Putative Class Actions ,
Safeguards Rule ,
Unfair or Deceptive Trade Practices
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 a recent decision subject to multiple flaws, the United States District Court for the District of Massachusetts refused to dismiss a suit against the manufacturer of an investigational drug and medical device used in a...more
In this Issue:
..Massachusetts Federal Court Rejects Exception to “Learned Intermediary” Rule for Prescription Drug Advertised Directly to Consumers, and Excludes Expert Opinion of Inadequate Warnings as Unqualified...more
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