We haven’t see too many of these. The reason for that is the gadolinium litigation is practically a textbook example of where federal law ought to preempt state-law product liability claims of all kinds—including both design defect claims and failure-to-warn claims. Just search gadolinium on the blog and you’ll find plenty of cases dismissed on
New Jersey
Is This the Final Blow for the Accutane Litigation?
Last year we posted about two major decisions by the New Jersey Supreme Court finally chopping the Accutane inflammatory bowel disease (“IBD”) litigation down to size. Our post here contains links to all of our posts over the years on the Accutane litigation. The point of note is that to get to those two decisions…
New Jersey Gives PMA Medical Device Case the Cold Shoulder
No Fourth-Party Payor Liability in New Jersey
In their unending quest to make a plaintiff out of everyone, some creative members from the other side of the “v.” have concocted a claim that we call “fourth-party payor” liability. Regular blog readers are certainly familiar with “third-party payor” actions brought – entirely for economic losses – by insurers, pension funds, and other organizations…
New Jersey Product Liability Act Knocks out Design Defect, Manufacturing, Warning, Warranty, and Fraud Claims Against IVC Filter
A couple of weeks ago we compared New Jersey litigation with New Jersey food and decided we liked the food better. No aspersions were intended. After all, we grew up in New Jersey and still worship at the altars of Seton Hall Prep, Bruce Springsteen, and the New York football Giants. Anyway, we might need…
New Jersey Finds Preemption in Breast Implant Litigation
Accutane Litigation Goes Out with a Bang, Not a Whimper
It’s been a long road. Well after product liability litigation over Accutane and inflammatory bowel disease (“IBD”) had been thoroughly debunked everywhere else in the nation, such litigation lived on in New Jersey – for year after interminable year. First, a number of trials occurred, but literally every verdict for the plaintiffs was reversed on…
Be Careful What You Ask For
Today’s post is an update to our post from just a few weeks ago regarding McWilliams v. Novartis AG, No. 2:17-CV-14302 (S.D. Fla.). At that time, the court denied summary judgment on plaintiff’s failure to warn claims, but applying New Jersey law dismissed plaintiff’s claim for punitive damages. Since the case involves an FDA-approved…
Breaking News – New Jersey Adopts More Scientifically Valid Expert Evidence Standards
Today, in In re Accutane Litigation, No. A-25-17, slip op. (N.J. Aug. 1, 2018), the New Jersey Supreme Court unanimously upgraded the state’s standards for admission of expert testimony. This decision, we hope, will finally break the back of the long-running – and scientifically bogus – Accutane litigation that has plagued New Jersey courts.…
No Proximate Causation So Informed Consent Wouldn’t Have Mattered, in New Jersey Medical Malpractice Case
We spent yesterday in New York City, helping the Drug and Device Law Rock Climber (now the “Drug and Device Law Software Engineer” – yes, we are kvelling) move from one sublet to another as she continues her quest for the perfect apartment. The day was challenging, as these things tend to be. We lost…