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BT Product Liability - News and Trends in Product Liability Litigation
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20 Jun 2017 High Court Limits Litigation Forum Shopping

  Product liability legal practitioners have been anticipating the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 582 U.S. – (June 19, 2017). Announced on Monday, the 8-1 decision did not disappoint, firmly curtailing the ability of out-of-state residents to forum shop for a favorable jurisdiction in mass tort litigation. In the decision, the Court held that continuous activity in a state, alone, does not create jurisdiction; instead, there must be a link between the forum and an individual lawsuit…

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30 Jan 2017 New Jersey Supreme Court Deals Blow to Drug and Device Manufacturers Seeking to Avoid Forum Shopping

  This week, in McCarrell v. Hoffman-La Roche Inc. et al., the New Jersey Supreme Court concluded that where statutes of limitations conflict, New Jersey’s limitations period will apply. Case No. 076524 (N.J. Sup. Ct., Jan. 24, 2016). The court’s decision reinstated a $25 million jury verdict for the plaintiff in a product liability action involving Accutane, an acne medication.   The plaintiff, an Alabama resident who was prescribed Accutane in Alabama and received medical treatment there, filed suit in New Jersey where Roche is…

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