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ARTICLE · 14 MAY 2019

Product Liability Update: April 2019

Foley Hoag LLP
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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts.

United StatesConsumer Protection
David Geiger
David Geiger
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Included in this Issue:

MASSACHUSETTS

  • First Circuit Holds Subsequent FDA Approval Of Drugs For Pediatric Use Not Conclusive Proof Of Effectiveness At Time Of Sale So As To Preclude Fraudulent Marketing Claims, And Individualized Proof Of Causation Of Prescriptions And Drugs' Ineffectiveness Not Required Where Claims Supported By Medical Literature And Expert Testimony
  • First Circuit Holds Due Process Permits Personal Jurisdiction Over Foreign Manufacturer Selling In Massachusetts Through Out-of-State National Distributor, Concluding Acceptance Of Customers' Orders And Requirement That Distributor Provide Defendant's Direct Contact Information Supported Finding Defendant Purposefully Availed Itself Of Privilege Of Conducting Activities In State

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