The New Jersey Supreme Court has released its opinion in a long-running lawsuit over the acne medicine Accutane. Instead of throwing out the case as time-barred like NJCJI suggested it do, the Court adopted a new test for determining what statute of limitations should apply in case brought by an out-of-state plaintiff.
“It’s disappointing the Court decided to go in this direction,” said NJCJI chief counsel Alida Kass. “It is very likely that plaintiffs whose claims are time-barred in other states will now try to bring their lawsuits here. As the opinion’s author noted during oral arguments, plaintiffs are attracted to our courts because they like our evidence rules and our expert witness rules, so I guess we should now add our statute of limitations to that list. It really distorts the policy choices that have been made by the New Jersey legislature.”
Click here to read the court’s full opinion in McCarrell v. Hoffmann-La Roche Inc. and Roche Laboratories Inc.
A selection of the need-to-know civil justice news for the week of October 15-21.
NJ Time Limits Should Apply To Accutane Case, Justices Told
Jeannie O’Sullivan | Law360
The attorney for an Accutane user seeking to reinstate his $25 million jury verdict over the acne drug’s adverse effects urged the New Jersey Supreme Court on Thursday to apply the state’s statute of limitations rules to the case, emphasizing the Garden State’s role as a “vanguard” of pharmaceutical law.
Justices Hear Arguments in $25 Million Accutane Verdict Appeal
Michael Booth | New Jersey Law Journal
Lawyers argued before the New Jersey Supreme Court Thursday over whether an appeals court erred in overturning a $25 million verdict against a pharmaceutical company because the plaintiff violated the statute of limitations in the state where he lives.
Fighting Website Suit, Vita-Mix Points To Similar Dismissal
Cara Salvatore | Law360
Hertz Wins Toss Of Rewards Program Pricing Class Action
Jeannie O’Sullivan | Law360
The Hertz Corporation on Thursday ducked a class action alleging it failed to specify if a pricing provision in its Gold Plus rewards program applies in New Jersey, with a federal judge invoking the Supreme Court’s Spokeo standard by ruling the customer leading the suit failed to prove he was injured by the omission.
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New Jersey has a reputation it needs to rid itself of. No, we’re not talking about the hit our state took from being stereotyped as the home of Snooki and the rest of the Jersey Shore gang. What we’re talking about is our reputation as a magnet for pharmaceutical lawsuits. Although we have seen some positive changes in our court system over the past few years, our status as the nation’s medicine chest is still threatened by excessive litigation.
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On August 11, the Appellate Division issued an important ruling in the ongoing litigation over Hoffmann-La Roche Ltd.’s acne medication Accutane. The decision by appellate judges Sabatino, Simonelli, and Leone overturns a $25 million+ verdict from a 2010 jury trial, and brings to a close a case that has been bogging down the court system for over a decade. It also sends a clear message that some choice of law questions are no longer open for debate. Continue reading
This morning the Appellate Division issued an important ruling in the ongoing litigation over Hoffmann-La Roche Ltd.’s acne medication Accutane. The ruling brings to a close a case that has been bogging down the court system for over a decade, and sends a clear message that some choice of law questions are no longer open for debate. Continue reading
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