First Circuit Holds Foreseeability of Health Risk Is Standard For Failure To Warn Even Though Claim Is For Property Remediation, And Bulk-Selling Chemical Manufacturer Had Post-Sale Duty To Warn Only Direct Customers Even If...more
In Wendell v. GlaxoSmithKline LLC, the U.S. Court of Appeals for the Ninth Circuit reversed a trial court order that excluded expert testimony concerning the cause of a profoundly rare and deadly disease. The decision...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
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 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
4/18/2017
/ Affidavits ,
Failure To Warn ,
Learned Intermediary ,
Maintenance ,
Negligence ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Statute of Limitations ,
Strict Liability ,
Unfair or Deceptive Trade Practices ,
Warning Labels ,
Wrongful Death
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 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 Superior Court Rejects “Innovator Liability” Failureto-Warn Claim, Holds Branded Pharmaceutical Manufacturer Owed No Duty to Plaintiff Alleging Injury From Equivalent Generic Drug That Copied Defendant’s...more
8/31/2016
/ Conflicting Proposals ,
Evidence Suppression ,
Expert Testimony ,
Failure To Warn ,
Food and Drug Administration (FDA) ,
General Jurisdiction ,
Generic Drugs ,
Innovator Liability ,
Negligence ,
Nexus ,
Off-Label Use ,
Out-of-State Judgments ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Pleading Standards ,
Product Defects ,
Res Ipsa Loquitur ,
Standing ,
Subject Matter Jurisdiction ,
Transfer of Venue
United States Supreme Court Permits Class Certification And Proof of Liability Through Statistical Evidence Based on Class Sampling Where Class Was Sufficiently Uniform That Evidence Would Have Been Admissible in Any Class...more
In 2009, the United States Supreme Court in Wyeth v. Levine affirmed a judgment rejecting a prescription drug manufacturer’s contention that plaintiff’s claim that the manufacturer should have strengthened its U.S. Food and...more
Supreme Court Holds Defendant Cannot Moot Putative Class Action by Making Unaccepted Offer of Judgment for Complete Relief to Representative Plaintiff -
In Campbell-Ewald Co. v. Gomez, No. 14-857, 2016 U.S. LEXIS 846 (S....more
2/3/2016
/ Breach of Warranty ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Damages ,
Fairness Hearings ,
Fraudulent Joinder ,
Jurisdiction ,
Manufacturers ,
Mootness ,
Preemption ,
Rule 68 ,
SCOTUS ,
Settlement Offer ,
Statute of Limitations
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:
- First Circuit Holds State Law Claims Against Drug Manufacturer for Allegedly Misleading Efficacy Representations in FDA-Approved Label Preempted by Food, Drug & Cosmetic Act Because Plaintiffs’...more
In This Issue:
- First Circuit Holds Plaintiff Lacks Standing to Recover for Allegedly Defective Product Based on Risk of Future Harm From Lightning Strike Where Complaint Contained Insufficient Facts to Demonstrate...more
In this Issue:
- Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and...more
In This Issue:
- Massachusetts Supreme Judicial Court Holds Foreign Manufacturer Which Pled Meritorious Personal Jurisdiction Defense in Answer, But Did Not Move to Dismiss, Forfeited Defense By Participating in...more
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
Included in this Issue:
..United States Supreme Court Holds Due Process Forbids California’s Exercise of General Jurisdiction Over German Manufacturer in Suit by Argentinian Plaintiffs Involving Argentinian Subsidiary...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
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