Permitted Practice or Not? That is the Chapter 93A, Section 3 Question – Tips for the Practitioner

2018-09-21T19:46:28+00:00 September 5th, 2018|Categories: Katherine Kelter, Thomas E. Peisch|

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 exempt from liability as “permitted practices.” A recent Massachusetts product labeling case involving adult beverages reveals a few tips for

Massachusetts Recognizes New Cause of Action Against Drug Manufacturers

2018-04-18T14:11:58+00:00 March 29th, 2018|Categories: Katherine Kelter, Manufacturing Processes, Pathology|

In a dramatic turnaround, the highest court in Massachusetts has recognized a cause of action against a drug manufacturer whose product was not even being used by the allegedly injured plaintiff. In Rafferty v. Merck & Co., 479 Mass. 141 (2018), Chief Justice Ralph Gants, speaking for the Supreme Judicial