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ARTICLE · 03 JUNE 2009

Product Liability Update - May 22, 2009

Foley Hoag LLP
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Foley Hoag LLP publishes this quarterly Update concerning developments in Product Liability and related law of interest to product manufacturers and sellers.

United StatesConsumer Protection
David Geiger
David Geiger
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Foley Hoag LLP publishes this quarterly Update concerning developments in Product Liability and related law of interest to product manufacturers and sellers.

Included In This Update:

  • United States Supreme Court Holds State Law Failure-to-Warn Claims Involving Prescription Drugs Not Preempted by FDA Approval of Warnings Absent Clear Evidence FDA Would Have Rejected Plaintiff's Proposed Warning
  • First Circuit Holds Class Action Fairness Act Requires Removing Defendant To Demonstrate "Reasonable Probability" That Amount In Controversy Exceeds $5 Million
  • First Circuit Holds "Home State" Exception to Federal Jurisdiction Under Class Action Fairness Act Does Not Require Consideration of Citizenship of Class Members in Other Class Actions Arising Out of Same Factual Nucleus

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