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 Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more
2/12/2024
/ Dietary Supplements ,
Enforcement Actions ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Labeling ,
Misleading Statements ,
Product Labels ,
Product Packaging ,
Putative Class Actions ,
Safety Violations ,
Strict 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
10/6/2023
/ Appeals ,
Cancer ,
Class Action ,
Consumer Litigation ,
Damages ,
Dietary Supplements ,
Failure To Warn ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
MA Supreme Judicial Court ,
New York ,
Strict Product Liability ,
Toxic Chemicals ,
Toxic Exposure
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
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
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
First Circuit Holds Plaintiff Adequately Alleges Deceptive Practices Claim For No-Hazelnut Coffee Labeled “Hazelnut Créme” Despite Ingredient List Excluding Hazelnuts And Mentioning Artificial Flavors, Allegation Of Deception...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
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