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
Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more
The number of cases involving so-called “nuclear verdicts” — that is, verdicts with awards of $10 million or more — have risen sharply, and many of those cases concern product liability claims. For large corporations, such...more
A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media...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
Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more
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
Does Arkansas law recognize a cause of action for failure to warn? Yes. Failure to warn claims may be applicable against both manufacturers and suppliers. A manufacturer of a product has a duty to give a reasonable and...more
The California Attorney General’s Office has turned its focus to PFAS, filing litigation that is likely to be one of the larger of the hundreds of PFAS-related lawsuits currently pending throughout the country. On November...more
A developing line of cases across the nation may have large implications for medical device manufacturers defending against failure-to-warn claims. While a treating physician’s failure to read or rely on the manufacturer’s...more
Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the...more
A plaintiff asserting a failure to warn product liability claim based in strict liability must show the failure to warn actually caused the plaintiff’s injuries. This is an easier task for plaintiffs in states that recognize...more
For at least two decades, Pennsylvania law has recognized an exemption from strict liability for prescription drug manufacturers based on the state Supreme Court’s interpretation of the Restatement (Second) of Torts Sec. 402A...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2017. The Product Liability and Toxic Tort Litigation Group at Nutter recently reviewed these cases. Highlighted below are...more
Big Picture: Product Liability in California - California applies its strict product liability laws to all products put into the stream of commerce and sold to the public, and those laws govern a wide array of products. ...more
Welcome to California! California is a great place to live and work, and we are fortunate to call it home. But there is no sugarcoating the fact that California presents unique and daunting challenges to product...more