New Jersey is an outlier. Though nearly 40 states and the federal court system have adopted similar rules governing the admissibility of expert evidence, New Jersey has stuck with an older rule. Continue reading
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Tag Archives: Pharmaceutical Litigation
Top News Clips for July 15-28
A selection of the need-to-know civil justice news for July 15-28. Continue reading
Top News Clips for the Week of June 17-23
A selection of the need-to-know civil justice news for the week of June 17-23. Continue reading
Top News Clips for the Week of April 29-May 5
A selection of the need-to-know civil justice news for the week of April 29-May 5. Continue reading
Top News Clips for the Week of June 24-30
A selection of the need-to-know civil justice news for the week of June 24-30.
What Does the Latest SCOTUS Ruling on Mass Actions Mean for New Jersey?
Earlier this week, the United States Supreme Court issued its ruling in a closely watched case concerning state based mass actions. The decision, which shuts down certain forms of forum shopping, might lead to more lawsuits being filed in New Jersey state courts because of our state’s plaintiff-friendly laws and the fact that many major businesses call New Jersey home. Continue reading
Decision Invites More Out-Of-State Plaintiffs
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.”
Top News Clips for the Week of October 15-21
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
Counsel for blender maker Vita-Mix told a New Jersey federal judge on Wednesday that the recent dismissal of a similar suit by a judge citing the U.S. Supreme Court’s Spokeo ruling casts a shadow on the class action against the company over its website terms of use.
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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Is New Jersey Still a Hot Spot for Pharmaceutical Litigation?
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.
Top News Clips for the Week of February 27-March 4
A selection of the need-to-know civil justice news for the week of February 27-March 4. Continue reading