Category Archives: Product Liability

Lone Pine Orders: Not Just for Multi-Plaintiff Litigation?

So-called “Lone Pine” orders derive from Lone Pine v. Lore, 1986 WL 637507 (N.J. Sup. Ct. Law Div. Nov. 18, 1986), and have often been used by state and federal courts to promote efficiency in discovery by requiring plaintiffs to provide some medical or scientific proof that their exposure to a product caused their injuries before requiring the parties to engage in the usual full-blown and expensive discovery process. In most instances, Lone Pine orders are employed in cases involving large numbers…

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New Jersey Supreme Court Makes it Easier for Plaintiffs to Come to New Jersey

New Jersey, largely due to its established multi-county litigation program —which often functions as a “mini” state version of an MDL— has long seen out-of-state plaintiffs choosing to file pharmaceutical product liability claims in New Jersey state courts. Earlier this year, the New Jersey Supreme Court issued a choice-of-law decision that will serve to invite more such forum-shopping in New Jersey. McCarrell v. Hoffman-LaRoche, 227 N.J. 256 (2017) it involved an Alabama plaintiff (McCarrell) who was prescribed Accutane for certain skin conditions. McCarrell’s doctor,…

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FDA Rule Proposal Could Lead to Liability for Generic Drug Manufacturers

The U.S. Food and Drug Administration (FDA) is proposing new rule changes that would permit generic drug manufacturers to amend drug warning labels when they receive new information related to drug safety; irrespective of whether the revised labeling differs from the brand name manufacturer. The proposed rules further provide that the generic manufacturer would be required to submit the labeling changes along with the data supporting the change to the FDA, which would review the request and post the data in a public web page.…

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