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. If you find this update useful, please encourage your colleagues and contacts to also register with us on our website. As always, you can access all of our publications at https://foleyhoag.com.
Included in this Issue:
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 Studies Already Submitted To FDA And Hence
Were Not "Newly Acquired Information" Permitting
Defendant To Change Its FDA-Approved Labeling, And There Was
"Clear Evidence" FDA Would Have Rejected Labeling Change
Because It Later Rejected Similar Labeling With Awareness Of The
Cited Studies
- Massachusetts Federal Court Holds Jurisdiction Over Non-Resident Branded Drug Manufacturers Satisfies Long-Arm Statute And Due Process Despite Possibility Plaintiff Took Generic Drug In-State, As Defendants' Out-Of-State Labeling Could Have...
