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
4/9/2025
/ Appeals ,
Clinical Trials ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Pharmaceutical Industry ,
Preemption ,
Prescription Drugs ,
State and Local Government ,
Summary Judgment
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
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 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
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