Statute of Limitations Substantive not Procedural for Foreign Plaintiff Suing in New Jersey

In an opinion released on June 14, 2013, a panel of New Jersey’s Appellate Division reaffirmed that the question of which state’s statute of limitations should be applied is a substantive, not a procedural, question. The issue arose in one of the many Zometa cases pending in Middlesex County.  In this particular case, the plaintiff, a resident of Virginia, received Zometa in 2002, was diagnosed with osteonecrosis of the jaw in December 2003, and filed suit against Novartis Pharmaceuticals Corporation, the manufacturer of Zometa, in…
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Contraceptive Makers Lose Motion to Apply New Jersey Law to Dismiss Punitive Damages Claims in Mass Tort Litigation

A state judge in New Jersey recently rejected a motion for partial summary judgment of two pharmaceutical companies to dismiss punitive damages claims, filed in nine bellwether cases in the NuvaRing mass tort litigation involving injuries allegedly caused by the contraceptive. Roughly 200 cases were filed over allegedly harmful side effects caused by use of the contraceptive, which is inserted vaginally and releases doses of the hormones estrogen and progestin. Merck and Organon USA Inc.  asserted that the New Jersey Product Liability Act exclusion of…
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