On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more
Jurisdiction: Calif. Super., Los Angeles Co. - Plaintiff Jose Estrada filed suit alleging exposure to asbestos from a variety of products, including automobile parts during his employment at a tire store. Mr. Estrada was...more
The United States Court of Appeals for the Second Circuit (“Second Circuit”) addressed in an August 24th Opinion whether the federal Hazardous Materials Transportation Act (“HMTA”) preempted certain state tort law claims in...more
From pharmaceuticals to toothpaste, preemption to public health, New York state and federal courts issued decisions in 2022 that further shaped the landscape in the medical and life sciences legal world. To prepare the best...more
In what has been earmarked as the largest government enforcement PFAS action to date, California’s attorney general last month filed an historic lawsuit against more than a dozen per-and polyfluoroalkyl substance (PFAS)...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
Although “faulty” doesn’t necessarily mean “defective” or “dangerous,” product liability law does indeed hold manufacturers and others liable for producing dangerous products that cause injury. Product liability claims in...more
In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s...more
A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more
In a recent decision, Capes v. Ethicon, Inc., No. 1:19-cv-04895, the Northern District of Georgia finally shed light on the meaning behind one of the limited exceptions to Georgia’s ten-year statute of repose for...more
On March 26, 2019, the United States Court of Appeals for the Second Circuit affirmed the removal and dismissal of claims brought against two pharmaceutical companies. Gibbons v. Bristol-Myers Squibb Company and Pfizer Inc.,...more
LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more
To prepare the best product liability defense for pharmaceuticals and medical devices as well as anticipate and strategically plan for future challenges in the medical and life sciences legal world, it is often helpful to...more
A U.S. Court of Appeals has held that a Food and Drug Administration (FDA) denial of a citizen petition can be “clear evidence” of conflict preemption under the test set forth by the Supreme Court in Wyeth v. Levine, 555 U.S....more
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
In March 2014, Jenna Thurmond sued Bayer in the U.S. District Court for the Northern District of Georgia, alleging that her use of the Mirena contraception system caused her to develop pseudotumor cerebri. Her symptoms...more