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 York and New Jersey.

MASSACHUSETTS -

Massachusetts Superior Court Holds State Attorney General Unfair And Deceptive Practices Claim Against Opioid Manufacturer Not Preempted Or Statutorily Exempt As FDA Only Approved Defendant’s Labeling, Not Marketing Practices, Public Nuisance Claim Adequately Supported By Allegations Of Interference With Public Health, And “Learned Intermediary” Doctrine Based On Adequacy Of Prescriber Labeling Did Not Apply As Defendant’s Deceptive Marketing Allegedly Affected Prescribers’ Decisions...