For years, New Jersey courts have applied an equitable doctrine known as the discovery rule to toll the accrual date of a plaintiff’s cause of action for a products liability claim until that plaintiff discovers, or should have discovered, the basis for a potential claim. 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 (FDA) advisory committee, regarding a particular product, are sufficient to put a plaintiff on notice of the existence of a possible claim.
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