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
8/13/2024
/ 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
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
Massachusetts Federal Court Dismisses Suit By Japanese Plaintiffs Against Massachusetts Reactor Designer For Japanese Disaster Based On Forum Non Conveniens, Citing Japanese Compensation System That Provided Alternative Forum...more
8/7/2019
/ Asbestos ,
Birth Defects ,
Duty to Warn ,
Firearms ,
Negligence ,
Pharmaceutical Industry ,
Power Plants ,
Prejudice ,
Prescription Drugs ,
Product Defects ,
Scientific Evidence ,
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