Reconsideration Sought for Multi-County Litigation Denial

Previously, we noted that the New Jersey Supreme Court denied an application by Bayer HealthCare Pharmaceuticals, Inc. for centralized management of all New Jersey claims involving the Mirena contraceptive device.  Currently, there is an application for reconsideration pending before the New Jersey Supreme Court, again seeking designation of this growing litigation as a Multi-County Litigation.  However, while both Bayer and plaintiffs have sought reconsideration — and thus appear to agree that centralization is appropriate — the sides may differ on where they want that to be.  Bayer has again requested centralization before Judge Jessica Mayer in Middlesex County, while at least some plaintiffs appear to favor Judge Brian Martinotti in Bergen County.

Given that both sides are in favor of centralization, it will be instructive to see what the New Jersey Supreme Court does with this application, including whether the Court offers any explanation for whatever its eventual decision is.

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