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Results:1-10 of 41

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


New Hampshire struggles with First Circuit precedent on the Computer Fraud and Abuse Act, too
  • Foley Hoag LLP
  • USA
  • July 30 2013

An interesting article by Jeffrey Spear that appeared in the New Hampshire Bar News in July shows that the federal district court in New Hampshire is


The split in the circuit courts over the proper interpretation of the Computer Fraud and Abuse Act actually goes three ways
  • Foley Hoag LLP
  • USA
  • March 15 2013

I've written many times about the significant split in circuit courts' interpretation of the Computer Fraud and Abuse Act (CFAA), which affects


Product liability update - January 2013
  • Foley Hoag LLP
  • USA
  • January 31 2013

In Hatch v. Trail King Industries, Inc., 699 F.3d 38 (1st Cir. Nov. 2, 2012), plaintiff was paralyzed after a hydraulically operated drop gate on the


Dissecting Mr. Rockefeller: First Circuit rejects copyright infringement claim based on unoriginal elements of news photograph
  • Foley Hoag LLP
  • USA
  • January 17 2013

Clark Rockefeller, aka Christian Karl Gerhartsreiter, lived a double life until his conviction for child abduction in 2009. He was subsequently


Can wind energy serve as baseload power? The First Circuit agrees with the NRC that, for now, the answer is “not yet.”
  • Foley Hoag LLP
  • USA
  • January 7 2013

In an interesting decision issued last Friday, the Court of Appeals for the First Circuit, in Beyond Nuclear v. NextEra Energy Seabrook, affirmed the


Decades of delay are ok: First Circuit rejects laches defense based on "doctrine of progressive encroachment"
  • Foley Hoag LLP
  • USA, Puerto Rico
  • October 29 2012

In a case on appeal from the District of Puerto Rico, the First Circuit held that the “doctrine of progressive encroachment” defeated a junior user’s laches defense, despite the fact that the junior user had been co-existing with the senior user for decades.


New Hampshire federal court interprets the Computer Fraud and Abuse Act more narrowly than Massachusetts federal court and dismisses claims based on violations of computer use restrictions
  • Foley Hoag LLP
  • USA
  • August 9 2012

A recent case from the U.S. District Court for the District of New Hampshire highlights the split between the District of New Hampshire and the District of Massachusetts over the proper interpretation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, in particular the phrase "exceeds authorized access."


Lanham Act dust up over vacuum cleaner claims clarifies literally false standard
  • Foley Hoag LLP
  • USA
  • July 30 2012

A federal district court in Massachusetts was recently sucked into a false advertising dispute between manufacturers of competing vacuums and steam cleaners over alleged violations of Section 43(a) of the Lanham Act.


First Circuit Affirms Judgment Against Generic Drug Manufacturer on plaintiff's design defect claim, holding
  • Foley Hoag LLP
  • USA
  • July 25 2012

In Bartlett v. Mutual Pharmaceutical Company, Inc., 678 F.3d 30 (1st Cir. May 2, 2012), plaintiff suffered toxic epidermal necrolysis after taking sulindac, a generic version of the non-steroidal anti-inflammatory drug Clinoril.