07-5-1106 Alberts v. Gaeckler, N.J. Super. Law Div.-Atlantic Cty. (Savio, J.S.C.) (23 pp.)The opinion addresses: (1) whether a person asserting a bystander liability claim must file a separate Notice of Claim under the New Jersey Tort Claims Act to file suit against a public entity; and (2) the plaintiff’s claim that an amended complaint asserting a bystander liability claim that is filed after the expiration of the Statute of Limitations, relates back to the date of the filing of the original complaint. In the opinion of this court, a plaintiff asserting a bystander liability claim in accordance with Portee v Jaffee, 84 N.J. 88 (1980) must comply with the notice requirements of the TCA and the date of filing of an amended complaint alleging entitlement to damages based upon a bystander liability claim does not relate back to the date of the filing of the original complaint for purposes of the running of the statute of limitations. (Approved for Publication)

07-1-1134 In re Reglan, Supreme Ct. (Albin. J.) (40 pp.) Plaintiffs’ state-law failure-to-warn claims under the PLA, based on the alleged inadequate labeling of metoclopramide which did not match the brand-name labeling and warn of the dangers of the long-term use of the drug, are not preempted by federal law, and may proceed before the trial court.

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