Products Intended to Fight COVID-19 Protected by Broad – but Not Unlimited – Immunity From Suit

2020-05-22T14:40:22+00:00 May 22nd, 2020|Categories: Epidemiology, Johanna L. Matloff, Julie L. Martin, Manufacturing Processes, Warnings and Code Compliance|Tags: , , , |

On January 31, 2020, the Secretary of the United States Department of Health and Human Services declared a public health emergency under the Public Health Service Act to aid the health care community’s response to the spread of the COVID-19 virus.  As global efforts to treat, prevent, and slow the

Defining the Boundaries for Pre-emption of Drug Labeling Claims

2020-02-18T21:00:25+00:00 February 18th, 2020|Categories: Johanna L. Matloff, Julie L. Martin, Manufacturing Processes, Warnings and Code Compliance|Tags: , , |

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 related to the information contained in – or missing from – the labels should be preempted if it would be

It’s Not Too Late in Massachusetts: Claims for Latent Personal Injuries Caused by Dangerous or Defective Products

2019-05-29T15:26:29+00:00 May 24th, 2019|Categories: Johanna L. Matloff, Warnings and Code Compliance|

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. The players alleged that Riddell, along with the NFL, failed to warn them of the long-term consequences of sustaining multiple

Recent Massachusetts Decision Establishes Privilege Applicable to Post-Incident Analyses

2018-07-26T21:22:49+00:00 July 26th, 2018|Categories: Daniel Fishman, Johanna L. Matloff, Thomas E. Peisch|

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 and the discovery and evidentiary limits those doctrines impose on their adversaries. Less well-known is the so-called “self-critical analysis” privilege,