New Multicounty Litigation Application in New Jersey

As many readers know, and as we have discussed in the past, New Jersey has an established program for centralization and coordinated management of cases that is similar in idea to the multidistrict litigation (MDL) procedures that exist at the federal level. Under the New Jersey program, which commonly goes by the acronym “MCL” for “multicounty litigation” because cases can be drawn from all trial-level courts in New Jersey across all counties and centralized, an application can be submitted to the New Jersey Supreme Court…
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Lack of Agreement to Arbitrate Dooms Bid to Compel Arbitration

For many companies and businesses, arbitration is a preferred option to resolve disputes instead of litigation. As a result, arbitration clauses and provisions are often included in contracts, and there are a variety of rules that govern whether and to what extent those clauses can be enforced against a plaintiff seeking to file a claim in court instead of proceeding with an arbitration. It may seem obvious, but a recent case from New Jersey reminds us of the importance of an agreement to arbitrate in…
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Update on Recent Decisions from New Jersey’s Pelvic Mesh and Ovarian Cancer/Talc Litigation

We wanted to update our readers on two decisions from the New Jersey Appellate Division that were the subject of recent posts. In March, we reported on an opinion from the Appellate Division that came out of the centralized pelvic mesh litigation pending in Bergen County, New Jersey reversing the verdicts in favor of plaintiffs in two cases because the trial courts had precluded the defendants from introducing key evidence relating to FDA clearance of the products at issue under Section 510(k). Following the issuance…
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Two New Jersey Pelvic Mesh Verdicts Overturned

While Covid-19 continues to be a dominant national topic, including with the recent approval of the Johnson & Johnson vaccine, there are other developments of note for the life sciences industry. One of those came on March 2, 2021, when the New Jersey Appellate Division—New Jersey’s intermediate appellate court—I issued a lengthy opinion reversing two multi-million dollar verdicts in favor of plaintiffs in pelvic mesh product liability cases. (Actually, the court issued two lengthy opinions, a long published opinion and an even longer unpublished opinion…
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As Temperatures Heat Up, Remember Litigation Will, Too

For many litigators, including those of us who handle pharmaceutical and medical device litigation, the past several months have seen various departures from how we might otherwise have pursued our pending cases. While effects varied in different parts of the country, and courts in different jurisdictions have adopted different plans for reopening and allowing cases to continue, everyone has likely seen at least some changes. Some attorneys have embraced virtual/remote depositions, while others have opted to wait to schedule and depose witnesses in the hopes…
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The Shifting Landscape of Marijuana Law

Trial attorneys are somewhat like first responders, meaning that it is frequently only after a lawsuit has been filed and litigated that lawmakers step in to enact statutes and regulations governing the subject activity or conduct. This is apparent in the nascent cannabis industry. A prime example is the recent line of cases dealing with competing land use rights of marijuana growers and their neighbors. In Momtazi Family, LLC v. Wagner, Et Al.[i],  pending in the Eastern District of Oregon, the parties are…
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A Deep(er) Dive into Allegations Brought Against CBD Companies: Part II

In our last article, we discussed the potential for litigation faced by CBD companies and analyzed a court’s handling of claims regarding fraudulent inducement. Today, we turn to that scary claim of RICO, or the Racketeer Influenced and Corrupt Organizations Act. For most, this term conjures images of mafia prosecutions. The federal government trying to bring down organized crime with wiretaps and FBI agents raiding social clubs as depicted in various movies. However, the RICO statute is also applied in civil litigation. We will address…
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A Deep(er) Dive into Allegations Brought Against CBD Companies: Part I

With the continued growth of the cannabis industry, we have seen a growing prevalence of litigation across various venues and with varied claims. We previously discussed the potential for products liability class actions related to the vaping crisis as well as conducted a topical exam of potential litigation that could face the section of the industry focused on CBD. This is illustrated when taking a deeper dive into the claims being brought against those creating, manufacturing and distributing hemp-derived CBD products. If you are operating…
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Cannabis Litigation: Where Are We Headed and What Have We Seen to Date

The cannabis industry is booming, including CBD companies, vaping companies, THC products, oils, hemp producers, manufacturers and so on. By all estimates, overall sales within the legalized United States cannabis industry are expected to reach $13.6 billion by the end 2019. That’s a 32 percent increase over 2018 totals that reached $10.3 billion. Total sales are expected to reach approximately $30 billion by 2025. So what does that mean? In addition to helping the industry continue transitioning into “normal” commerce, the amount of money being…
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California Bill Aims to Ban Cosmetics That Includes Certain Ingredients

After banning sales of animal-tested cosmetics, California is now considering a law that bans cosmetic products with ingredients that the State of California determines are “poisonous” or are “deleterious substance[s] that may render it injurious to users when used as directed.” According to proposed Section 111673 of the Health and Safety Code, a cosmetic would be deemed “adulterated” if any of the listed ingredients were “intentionally added” to the cosmetic. The ingredients in the proposed bill include asbestos, lead, dibutyl phthalate, diethylhexyl phthalate, formaldehyde,…
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