N.J. is a favorite venue among plaintiffs in nationwide consumer fraud class actions. But most N.J. courts now apply the law of the state where the product was purchased, which may present a barrier to class certification. Also in this issue, we focus on pharma: the First Amendment and pharmaceutical marketing materials, and design defect claims against generic drugs.
|December 14, 2012
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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.
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