Multicounty Litigation Order in New Jersey Provides No Guidance to Practitioners

Earlier this year, we wrote about a new multicounty litigation application submitted by plaintiffs seeking centralization before New Jersey Judge Rachelle Harz. We posited that, although none of the cases that were subject to that application had been filed in Bergen County, the plaintiffs’ request that the cases be assigned to Judge Harz in Bergen County, as opposed to being assigned to one of the other designated MCL judges in Middlesex or Atlantic Counties, suggested that the plaintiffs may have a preference for Judge Harz.…
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Animal Testing Bans and Product Liability Lawsuits

On March 16, 2021, Virginia became the fourth state—following California, Nevada, and Illinois—to enact legislation banning the testing of cosmetics on animals and the sale of cosmetics that have been tested on animals. Similar legislation may follow in other states, and Representative Don Beyer of Virginia has indicated he intends to reintroduce federal legislation to establish this ban nationwide. From a defense perspective, whenever a cosmetic product company is sued in a product liability lawsuit, it is helpful to have a strong record of safety…
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Possible Federal Investigation of New York Governor over Misreporting of Nursing-Home Deaths

Earlier this month, we wrote about New York Governor Andrew Cuomo’s defense against claims of a cover-up regarding COVID deaths at nursing homes, following the New York Attorney General’s January 28, 2021 report. Since then, the criticism of Gov. Cuomo’s handling of the nursing homes during the pandemic has only increased. New York Assemblyman Ron Kim has alleged that Gov. Cuomo called him at home and threatened to “destroy” his political career unless he helped mitigate the damage from the scandal. Assemblyman Kim has since…
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Do Plaintiffs’ Counsel Perceive New Jersey MCL Judge Harz as a More Favorable Jurist?

Earlier this month, we wrote about some changes to New Jersey’s MultiCounty Litigation Program–specifically the retirement of Middlesex County MCL Judge James Hyland and the appointment of Judge Bruce Kaplan to succeed him. As we noted, Judge Kaplan has now taken over management of those MCL litigations that have been assigned to Middlesex County (with the exception of the asbestos litigation assigned to Judge Viscomi). After we wrote about those changes, the New Jersey Supreme Court has posted the most recent application submitted for designation…
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Hotel Business on the Risk of Toxic Exposures for Hospitality: Q&A with Sean T. Stadelman

“In the hospitality industry, many cleaning products that are used contain potentially toxic substances that pose both acute and long-term risks to employees and/or customers,” Goldberg Segalla’s Sean T. Stadelman said in an interview with Hotel Business. “With the increased use of sanitizing products due to the pandemic, the potential for toxic exposure has increased and thus it is important that the hospitality industry be prepared to mitigate those risks.” In the article, Sean, a partner in Goldberg Segalla’s Toxic Tort group, discusses the…
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New Judge for New Jersey’s Multicounty Litigation Program

This week saw a major snowstorm for parts of New Jersey, bringing more than two feet of snow in some areas of the state (including my driveway). This week also saw the assignment of a new judicial face to New Jersey’s Multicounty Litigation cases. Many of you are likely aware of the federal Judicial Panel on Multidistrict Litigation, or JPML, which can decide to consolidate and transfer cases pending in the federal district courts for consolidated pre-trial management by a single District Judge. There have…
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New Jersey Appellate Panel Reverses Trial Court’s Detailed Exclusion of Unreliable Expert Testimony

Although COVID-19 remains a dominant topic in America, there are still some non-related COVID-19 developments worthy of note over the past few months. Don’t worry, this is not a comment on the recent presidential election or the post-election legal battles to overturn the results. We’re providing a brief discussion of something near-and-dear to most, if not all, of those who litigate in the life sciences arena―especially in the product liability realm: expert admissibility. In 2016, Judge Nelson Johnson, the New Jersey Superior Court judge then…
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