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United States Supreme Court reverses First Circuit and holds Federal Food Drug & Cosmetic Act preempts design defect claims against generic pharmaceutical manufacturers

USA - July 31 2013 In Mutual Pharmaceutical Co. v. Bartlett, 133 S. Ct. 2466 (June 24, 2013), plaintiff suffered a severe dermatologic reaction after taking sulindac, a…

James J. Dillon, Jonathan M. Ettinger, Matthew C. Baltay, Brian C. Carrol, Jeffrey S. Follett

Massachusetts Supreme Judicial Court holds agreement for individualized arbitration unenforceable where it confers on retailer “de facto” immunity from unfair and deceptive practices liability

USA - July 31 2013 In Feeney v. Dell, Inc., 465 Mass. 470 (Jun. 12, 2013) ("Feeney II"), plaintiffs filed a putative class action claiming the defendant computer…

James J. Dillon, Jonathan M. Ettinger, Matthew C. Baltay, Brian C. Carrol, Jeffrey S. Follett

Massachusetts Appeals Court affirms dismissal of design defect and failure-to-warn claims involving industrial fan because dangers were open and obvious and plaintiff did not offer expert to testify proposed safer alternative design would not unduly inter

USA - July 31 2013 In Christensen v. Thornton, 988 N.E.2d 471 (Mass. App. Ct. June 3, 2013), plaintiff suffered injuries when he caught his hand in an industrial…

James J. Dillon, Jonathan M. Ettinger, Matthew C. Baltay, Brian C. Carrol, Jeffrey S. Follett

Massachusetts federal court holds medical monitoring claim based on exposure to dangerous substance requires proof of subcellular change, and expert testimony that exposure merely increased risk of such change or of actual disease is insufficient

USA - July 31 2013 In Genereux v. Hardric Laboratories, Inc., 2013 WL 3157520 (D. Mass. June 23, 2013), current and former employees of defendant aerospace and defense…

James J. Dillon, Jonathan M. Ettinger, Matthew C. Baltay, Brian C. Carrol, Jeffrey S. Follett

Massachusetts Supreme Judicial Court holds (I) proof of safer alternative design that would not unduly interfere with product’s cost or performance is prerequisite to design defect liability

USA - July 31 2013 Evans v. Lorillard Tobacco Co., 465 Mass. 411 (June 11, 2013), the plaintiff executor of his mother's estate sued the defendant manufacturer of…

James J. Dillon, Jonathan M. Ettinger, Matthew C. Baltay, Brian C. Carrol, Jeffrey S. Follett