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Legal Memorandum: Applicable Law for Drug Manufacturer Liability

Issue: In the Virgin Islands, what is the applicable law for liability of drug manufacturer liability?

Area of Law: Healthcare & Pharmaceutical Law Compliance, Personal Injury & Negligence
Keywords: Drug manufacturer; Failure to warn; Strict liability
Jurisdiction: Federal, Virgin Islands
Cited Cases: 874 F. Supp. 1441; 628 F. Supp. 85; 718 F.2d 553
Cited Statutes: None
Date: 03/01/2014

A statute must be interpreted according to its plain meaning in light of its legislative intent unless the interpretation leads to an illogical result. Boston Pres. Alliance, Inc. v. Sec’y of Environmental Affairs, 396 Mass. 489, 498 TA s "Boston Preservation Alliance, Inc. v. Sec’y of Envtl. Affairs, 396 Mass. 489, 498 (1986)"  (1986) (citing Sullivan v. Brookline, 435 Mass. 353, 360 (2001) TA l "Sullivan v. Brookline, 435 Mass. 353 (2001)" s "Sullivan v. Brookline, 435 Mass. 353, 360 (2001)" c 1 . “Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.” M.G.L. c. 4, § 6 TA l "M.G.L. c. 4, § 6" s "M.G.L. c. 4, § 6" c 2  (3d para.). See Pyle v. School Comm. of S. Hadley, 423 Mass. 283, 286 (1996) TA l "Pyle v. School Committee of S. Hadley, 423 Mass. 283 (1996)" s "Pyle v. School Committee of S. Hadley, 423 Mass. 283, 286 (1996)" c 1 .  Thus, courts cannot expand or limit the statute “[u]nless the plain meaning of the statute requires it.” Guzman v. Commonwealth, 458 Mass. 354, 361 (2010) TA s "Guzman v. Commonwealth, 458 Mass. 354, 361 (2010)" . When the language of a statute is unambiguous, it is conclusive as to the intent of the Legislature. City of Worcester v. College Hill Props., LLC, 465 […]

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