I’m Back in a New York State of Mind

In a shocking bit of news, on Monday, March 25, 2019, New Jersey lawmakers called off a vote to legalize adult use cannabis. The news was particularly shocking given that New Jersey Governor Phil Murphy ran on a platform that partly emphasized the need and desire to legalize adult use cannabis. So what now? Specifically, what now for New York? If this decision is any indication, New York must get their proposed legislation correct. New York will need to decide if it sticks with six…
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Superior Court of Pennsylvania Issues Ruling Addressing Multiple Issues in Pharmaceutical Case

In an opinion filed January 8, 2018, Pennsylvania’s intermediate appellate court addressed multiple issues arising after a plaintiff’s verdict in a case from the In Re: Risperdal Litigation. The issues the court addressed are discussed below. Initially, the court, citing Frye, reiterated that in Pennsylvania, a party wishing to introduce novel scientific evidence must demonstrate that the relevant scientific community has reached general acceptance of the principles and methodology employed by the expert witness to testify regarding his conclusions. However, the conclusions themselves…
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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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Tylenol Subject of Latest New Jersey Centralized Management Request

Suits alleging liver damage from acetaminophen are the latest subject of a request for centralized management in New Jersey.  Late last month, McNeil-PPC and Johnson & Johnson submitted an application seeking centralized management of all pending New Jersey lawsuits involving alleged liver damage from Tylenol products. The application, which comes on the heels of the establishment of a federal Multi-District Litigation for similar suits pending in the federal courts, seeks centralization of all New Jersey Tylenol cases in Middlesex County before Judge Mayer, rather than…
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