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
The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...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
In Pelton v Maytag, 2024 ONSC 3016 (“Pelton”) the Ontario Superior Court of Justice (the “Court”) ruled that the defendant manufacturers were not liable for failing to warn consumers that the product could fail because of a...more
Crafting the perfect medical device is never an exact science—but a patient should never suffer because of defects in a product that was intended to improve their quality of life. Determining whether a device manufacturer or...more
It is axiomatic that a plaintiff must offer evidentiary support for each element of her claim in order to survive summary judgment. And a ubiquitous feature of product liability actions is the use of expert witnesses by both...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
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
Harris Beach attorneys Judi Abbott Curry, Victoria A. Graffeo and Marina Plotkin prevailed on plaintiffs’ appeal to the Second Circuit of product liability failure to warn claims against Pioneer Surgical Technology, Inc. and...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
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
A recent Report and Recommendation by a Magistrate Judge in the United States District Court for the Western District of Pennsylvania may serve as a warning to companies that manufacture and supply products containing button...more
Massachusetts Supreme Judicial Court Holds Failure-to-Warn Claim Against Drug Manufacturer Not Preempted Because There Was No “Clear Evidence” FDA Would Not Have Approved Plaintiffs’ Suggested Warning; Also Holds...more