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Products Liability

Solomon v. Bristol-Myers Squibb Co.

Tuesday, January 8, 2013

Plaintiff's prescription drug products liability claims are dismissed pursuant to the learned-intermediary doctrine.

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Applying Patent Teachings in Products Liability Cases

Friday, December 14, 2012

Conducting a patent search and an investigation of the state of the patent art may yield fruitful evidence regarding the defect or relative safety of the product at issue in a products liability action.

Pharmaceutical Marketing and The N.J. Consumer Fraud Act

Friday, December 14, 2012

Any attempt to punish communications about pharmaceuticals in the absence of proof of falsity, intent, actual deception and injury not only would be inconsistent with the existing interpretation of the Consumer Fraud Act, but also would be barred by the First Amendment.

Can Design-Defect Claims Against Generic Pharma Survive?

Friday, December 14, 2012

One of the more interesting causes of action that plaintiffs are now asserting against generic pharmaceutical manufacturers is a design-defect claim. The manufacturers argue that the same principles that preclude failure-to-warn claims, under the U.S. Supreme Court decision in Pliva v. Mensing, also pre-empt design-defect claims.

New Limitations on The Discovery Rule in Products Liability Cases

Friday, December 14, 2012

The Supreme Court's recent decision in Cornett v. Johnson & Johnson, 211 N.J. 362 (2012), seemingly narrows the scope of the discovery rule by finding that the determinations of a Food and Drug Administration advisory committee, regarding a particular product, are sufficient to put a plaintiff on notice of the existence of a possible claim.

N.J. Law Is Not the Law of Choice

Friday, December 14, 2012

The majority of federal courts in New Jersey have held that the law of the consumer's home state should be applied when a product is purchased in that state and the seller has a corporate place of business in New Jersey. Adoption of this majority rule may present a barrier to class certification as applying so many different standards is unwieldy and impracticable.