Defining the Boundaries for Pre-emption of Drug Labeling Claims
Drug warning labels must comply with federal regulations and receive approval from the Food and Drug Administration (“FDA”) before going to market. Therefore, manufacturers may argue that state law actions
It’s Not Too Late in Massachusetts: Claims for Latent Personal Injuries Caused by Dangerous or Defective Products
A number of former NFL players recently filed an appeal in the Illinois Appellate Court challenging a lower court ruling that dismissed their claims against helmet manufacturer Riddell as untimely.
Catching Up: Fact Gathering Defense Tactics in Product Liability Actions
The process of fact-gathering is a crucially-important part of any defense effort in a product liability action. Unfortunately, in most situations, the plaintiff starts the contest far ahead, since she
Estate Claims Under the Massachusetts Uniform Probate Code
Defense counsel in any action brought by the personal representative of a decedent’s estate should take care to review the plaintiff’s probate file to ensure that the estate representative has
Permitted Practice or Not? That is the Chapter 93A, Section 3 Question – Tips for the Practitioner
A common defense to claims of unfair or deceptive conduct brought under the Massachusetts Consumer Protection Act, Chapter 93A, is that the actions about which the plaintiff complains actually are
Recent Massachusetts Decision Establishes Privilege Applicable to Post-Incident Analyses
Most products liability defense lawyers are thoroughly familiar with evidentiary protections offered to post-incident repairs or improvements. Likewise, counsel are well-versed in the elements of the attorney-client privilege and work-product immunity
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