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
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
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
8/18/2020
/ Appeals ,
Asbestos Litigation ,
Breach of Contract ,
Cancer ,
Class Action ,
Contract Disputes ,
Dismissals ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Labeling ,
Lack of Jurisdiction ,
Medical Malpractice ,
Online Education ,
Personal Jurisdiction ,
Piercing the Corporate Veil ,
Private Nuisance
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
First Circuit Holds Subsequent FDA Approval Of Drugs For Pediatric Use Not Conclusive Proof Of Effectiveness At Time Of Sale So As To Preclude Fraudulent Marketing Claims, And Individualized Proof Of Causation Of...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
1/31/2019
/ Due Process ,
Duty to Warn ,
False Advertising ,
Hazing ,
Learned Intermediary ,
Manufacturers ,
Out-of-State Companies ,
Personal Jurisdiction ,
Prescription Drugs ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
First Circuit Holds Personal Jurisdiction Over Foreign Software Services Provider On Claim Arising Under Federal Law Satisfies Fifth Amendment Due Process’ Minimum Contacts Requirement Because Defendant Knowingly Conducted...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
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 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
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 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 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