Massachusetts Supreme Judicial Court Recognizes Claim Against Brand-Name Drug Manufacturer By Generic Drug User Where Failure To Warn Is Reckless -
In Rafferty v. Merck & Co., 479 Mass. 141 (2018), plaintiff alleged...more
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
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