Tag Archives: Accutane

Judge Precludes Plaintiffs’ Experts that “Cherry Picked” Evidence

A recent win for the defense in New Jersey highlights how challenging an expert’s use of unreliable data and methods can be an effective way to prevail. The carefully drafted February 20, 2015 opinion by Judge Nelson Johnson of the Superior Court of New Jersey was a major win for the pharmaceutical manufacturer of Accutane, an acne medication, which the plaintiffs’ said caused them to develop Crohn’s disease. The decision is available here through Law360. Judge Johnson issued his decision after a hearing that…

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        Litigation

Regulatory

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Roche Recusal Victory Short-Lived

Last week, we commented on what appeared to be some success for Hoffman-La Roche in its efforts to force the recusal of Judge Carol Higbee from her role presiding over the centralized multicounty litigation involving Accutane.  However, the order issued by New Jersey Supreme Court Justice Jaynee LaVecchia — which imposed a stay on the trial court proceedings and appeared to us to suggest that Roche’s application would receive further review on the merits before the Appellate Division — was superceded by two further orders

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Roche Wins Battle in Recusal Fight

We continue to follow with great interest the on-going efforts by Hoffman-La Roche to force the recusal of Judge Carol Higbee, who has been overseeing the thousands of claims pending against Roche involving Accutane in the Superior Court of New Jersey.  Up until now, Roche’s efforts have been unsuccessful, beginning with Judge Higbee’s initial denial of the recusal application, followed by the New Jersey Appellate Division’s rejection of Roche’s application for leave to appeal that denial. However, Roche’s fortunes may be changing — at least…

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Accutane Recusal Fight Headed to NJ Supreme Court

We, like others, have been following the ongoing saga of Hoffman-La Roche’s efforts to secure the recusal of Judge Carol Higbee from her role presiding over the centalized multicounty litigation involving Accutane.  Last month, we noted that the Apellate Division had denied Hoffman-La Roche’s attempt to force Judge Higbee’s recusal.  Hoffman-La Roche, as reported by, among others, Law360 (registration required), continues to push this issue, and has now asked the New Jersey Supreme Court to review its request.  A copy of Hoffman-La Roche’s brief is…

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Appellate Division Rejects Bid to Recuse Accutane Judge

Law360 is reporting (registration required) that the New Jersey Appellate Division has rejected Hoffman-La Roche’s attempt to recuse Judge Carol Higbee from her role presiding over the centralized multicounty litigation involving Accutane.   We previously discussed Roche’s efforts here, here, here, and here. According to the Law360 article, Roche intends to continue down this path and challenge the Appellate Division’s refusal to review its application.  Given New Jersey’s strong and well-established centralized multicounty litigation program, it is doubtless that many practitioners in…

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Recusal Fight in Accutane Litigation Heading to Appellate Court?

As we have discussed previously, defendants Hoffman-La Roche Inc. and Roche Laboratories Inc. recently filed a motion to recuse Judge Higbee from further handling of the centralized Accutane litigation pending before her.  Last month, Judge Higbee denied that motion.  Yesterday, as reported in Law360 (registration required), the defendants filed an application for leave to appeal Judge Higbee’s decision to the New Jersey Appellate Division, asserting that, among other things, Judge Higbee’s opinion denying their motion is further evidence of an appearance of, if not actual,…

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Judge Higbee Denies Motion to Recuse

In December, we noted that defendants in the Accutane litigation pending in Atlantic County, New Jersey had filed a motion seeking to recuse Judge Carol Higbee, to whom virtually all the Accutane cases in New Jersey have been assigned since 2005.  In their application, the defendants — Hoffman-La Roche Inc. and Roche Laboratories Inc. — detailed examples of what they believed were indicative of both actual and apparent bias on the part of Judge Higbee against the defendants and in favor of the plaintiffs.  Oral…

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Arguments Held on Roche Motion to Recuse

Last month, we noted that defendants Hoffman-La Roche Inc. and Roche Laboratories filed a motion seeking the recusal of Judge Carol Higbee, the New Jersey State Court judge before whom virtually all claims involving Accutane pending in New Jersey have been centralized since 2005.  As reported in Law360 (registration required), arguments were held yesterday before Judge Higbee with respect to Roche’s motion.   A decision from Judge Higbee continues to be awaited with great interest.…

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Recusal Motion Filed Against Multicounty Litigation Judge

Earlier this week, defendants Hoffman-La Roche Inc. and Roche Laboratories Inc. filed a motion before the Hon. Carol E. Higbee, J.S.C. – the judge to whom virtually all of the Accutane litigation pending in New Jersey state court has been assigned since 2005 – asking Judge Higbee to disqualify herself from further oversight of the Accutane litigation pending before her.  Not surprisingly, this filing has drawn immediate attention from commentators such as the New Jersey Law Journal (registration required) and Law360 (same).   Roche’s brief details…

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