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Results:1-10 of 39

Massachusetts federal court holds state law negligent manufacture and distribution claims against medical device manufacturer not preempted by Federal Food, Drug and Cosmetic Act because claims sought to impose obligations parallel to those imposed by “Go
  • Foley Hoag LLP
  • USA
  • April 23 2013

In Chasse v. Stryker Corp., et al., No. 12-11694-PBS (D. Mass. Mar. 20, 2013), plaintiffs filed a class action complaint against the manufacturers of


Increased risk of FCPA prosecution of foreign national executives of U.S. issuers: recent court decision allows open-ended statute of limitations and bases FCPA jurisdiction on email routed through US servers
  • Foley Hoag LLP
  • USA
  • February 19 2013

A recent federal court decision highlights the increasing risk of prosecution for foreign national executives under the Foreign Corrupt Practices Act


FTC counters constitutional challenge to Fair Credit Reporting Act
  • Foley Hoag LLP
  • USA
  • May 11 2012

The Federal Trade Commission has joined the Department of Justice and the Consumer Financial Protection Bureau in filing a memorandum in support of the constitutionality of the Fair Credit Reporting Act.


"The weakest infringement claims of all time"??? Patent prosecution and the physics of fair use
  • Foley Hoag LLP
  • USA
  • April 30 2012

When patent prosecutors file applications with the United States Patent and Trademark Office (PTO), they are required by law to include “all information material to patentability,” which typically includes copies of scientific articles that may disclose relevant prior art.


Court orders identity of BitTorrent users to be revealed in copyright case
  • Foley Hoag LLP
  • USA
  • November 3 2011

BitTorrent users now have even more reason to be concerned if they are targeted in “John Doe” lawsuits for copyright infringement.


Watch what you do with that shovel (or heavy equipment): another developer faces superfund liability for site redevelopment
  • Foley Hoag LLP
  • USA
  • October 21 2011

More than 20 years ago, in the Tanglewood East decision, the 5th Circuit Court of Appeals held that a developers could potentially be liable under CERCLA for conducting site development activities that moved contamination on the site, exacerbated conditions, and required additional cleanup.


Massachusetts District Court appellate division holds statute of limitations bars claim for breach of implied warranty of merchantability for roofing shingles delivered twenty years earlier because any such claim accrued on tender of delivery
  • Foley Hoag LLP
  • USA
  • October 3 2011

In Howard v. IKO Manufacturing, Inc., 2011 WL 2975813 (Mass.App.Div. July 20, 2011), plaintiff purchased, in late 1990, roof shingles which he claimed came with a “forty- or fifty-year warranty” but began to disintegrate in less than twenty years.


The shrinking of environmental liability
  • Foley Hoag LLP
  • USA
  • August 2 2011

Environmental liability has always been a dish best served in as many slices as possible.


Quarterly product liability update
  • Foley Hoag LLP
  • USA
  • July 28 2011

In AT&T Mobility LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740 (2011), consumers purchased mobile phone services advertised as including “free” phones.


District Court denies motion to dismiss certain alien tort statute claims against Chiquita Brands International
  • Foley Hoag LLP
  • USA
  • June 13 2011

On June 3, the U.S. District Court for the Southern District of Florida declined to dismiss certain claims brought by Colombian plaintiffs against Chiquita Brands International ("Chiquita") alleging that the company knew, or should have known, that its material support for the United Self-Defense Forces of Colombia (“AUC”), a paramilitary organization, would lead to the death or torture of their family members.