New Jersey, (Mass Actions) & You — Still Perfect Together?

Earlier this month, we wrote about a choice-of-law decision from the New Jersey Supreme Court that we believe will invite more out-of-state plaintiffs to forum-shop and file suit in New Jersey. This prospect of increased “litigation tourism” brought to mind the old New Jersey tourism slogan “New Jersey and You – Perfect Together.” It also brought to mind that New Jersey’s state-law version of an MDL — the New Jersey Multicounty Litigation program — remains a favorite vehicle for plaintiffs and their lawyers to pursue…
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New Jersey Supreme Court Makes it Easier for Plaintiffs to Come to New Jersey

New Jersey, largely due to its established multi-county litigation program —which often functions as a “mini” state version of an MDL— has long seen out-of-state plaintiffs choosing to file pharmaceutical product liability claims in New Jersey state courts. Earlier this year, the New Jersey Supreme Court issued a choice-of-law decision that will serve to invite more such forum-shopping in New Jersey. McCarrell v. Hoffman-LaRoche, 227 N.J. 256 (2017) it involved an Alabama plaintiff (McCarrell) who was prescribed Accutane for certain skin conditions. McCarrell’s doctor,…
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New Jersey Supreme Court Rejects Federal Approach, Refuses to Consolidate Tylenol Liver Cases in New Jersey

On August 16, 2013 the New Jersey Supreme Court denied a request to consolidate all pending Tylenol liver injury lawsuits in the state court system before a single judge, finding that the cases were inappropriate for centralized management as “Multicounty Litigation”.  Earlier this year, the U.S. Judicial Panel on Multidistrict Litigation established coordinated proceedings for Tylenol litigation, assigning Judge Lawrence Stengel of the United States District Court, Eastern District of Pennsylvania, to supervise all pretrial proceedings. Approximately 14 lawsuits have been filed in New Jersey…
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