LexisNexis® Legal Newsroom
Merck Wins Defense Verdict In 2nd N.J. Fosamax Jaw Injury Trial

ATLANTIC CITY, N.J. - (Mealey's) A New Jersey state court jury on April 18 returned a defense verdict for Merck, Sharpe & Dohme in a Fosamax jaw injury trial, the company said in a press release ( Jo Ann Sessner v. Merck, Sharpe & Dohme, Inc. , No. ATL-L-3394-11-MT, N.J. Super., Atlantic...

Roche Wins 2 Accutane Cases In N.J. State Court But Faces $18M Verdict In 2 Others

ATLANTIC CITY, N.J. - (Mealey's) A New Jersey state court jury on June 29 issued a split decision in four Accutane injury cases, finding in two that defendant Hoffman-La Roche's failure to adequately warn of the risk of inflammatory bowel disease (IBD) did not cause the plaintiffs' ulcerative...

Ballard Spahr LLP: No Expert Needed For Breach Of Express Warranty Claim - Burden Shifts To Defense In New Jersey

In a published opinion, the Appellate Division of the New Jersey Superior Court held that a plaintiff need not present expert evidence to establish a prima facie case of breach of express warranty. Instead, a plaintiff simply must present evidence of non-performance in order to shift to defendants the...

$11.8 Million New Jersey Accutane Verdicts Vacated By Florida Ruling On Proximate Causation

TRENTON, N.J. - (Mealey's) A New Jersey state appeals panel on Aug. 7 vacated an $11.8 million Accutane verdict after finding that under controlling Florida case law, three plaintiffs had not established that a failure to warn about the risk of inflammatory bowel disease (IBD) by defendant Hoffman...

Merck To Pay $688 Million To Settle 2 Securities Class Action Lawsuits

WHITEHOUSE STATION, N.J. - (Mealey's) Merck and Co. Inc. will pay $688 million to settle two securities class action lawsuits filed in New Jersey federal court alleging that the drug maker and others failed to disclose adverse results of a clinical trial for two cholesterol drugs Merck was developing...

Merck Wins Defense Verdict In 1st Fosamax Femur Case To Go To Verdict

TRENTON, N.J. - (Mealey's) A New Jersey federal jury on April 29 quickly found that Fosamax did not cause a plaintiff's femur fracture, the first verdict in a case in which a plaintiff claims that the osteoporosis drug weakened her thigh bone ( In Re: Fosamax [Alendronate Sodium] Products Liability...

N.J. Jury Finds For Defendant Novartis In Zometa Jaw Injury Trial

NEW BRUNSWICK, N.J. - (Mealey's) A New Jersey state court jury on May 15 returned a defense verdict for Novartis Pharmaceuticals Corp. in a Zometa jaw injury case, a source told Mealey Publications ( Beverly Meng v. Novartis Pharmaceuticals Corp. , No. MID-L-7670-07-MT, N.J. Super., Middlesex Co...

Merck Settles All NuvaRing Birth Control Injury Cases For $100 Million

HACKENSACK, N.J. — (Mealey’s) Merck & Co. subsidiary Organon has agreed to a $100 million nationwide settlement of all claims alleging blood clot injuries from the NuvaRing contraceptive device, according to a master settlement agreement filed Feb. 7 in a New Jersey and a federal court...

New Jersey Jury Awards $1.58M In Retrial Of Accutane Bowel Injury Case

ATLANTIC CITY, N.J. — (Mealey’s) A New Jersey state court jury on March 11 found that Hoffman-La Roche failed to adequately warn that its former acne drug Accutane could cause ulcerative colitis and awarded the plaintiff $1,587,928 for past medical expenses and for pain and suffering ( Kamie...

N.J. Judge Awards $90.5M In Asbestos-Related Damages After Default In 11 Cases Against International Companies

NEW BRUNSWICK, N.J. — (Mealey’s) A New Jersey judge on July 2 awarded $90.5 million in asbestos-related damages against Eternit successors Anova Holding AG and Becon AG after awarding default judgments against the international companies, sources told Mealey Publications ( Tuturice v. Anova...

McNees Wallace & Nurick LLC: Can Sending A Text Message Make You Liable For A Car Accident?

By Rachel Hadrick and Jay DeSanto In recent years, one of the most publicized societal issues has been the dangers of distracted driving. In particular, state governments have been passing laws banning certain types of cell phone use while driving. As a result, most people understand and appreciate...

$2M N.J. Accutane Verdict Reversed, 2 Defense Verdicts Affirmed On Appeal

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 4 vacated a $2,125,617 Accutane bowel injury verdict and affirmed defense verdicts in two other cases tried at the same time ( Gillian Gaghan v. Hoffman-La Roche Inc., et al. , Nos. A-2717-11T2, A-3211-11T2 and A-3217-11T2, N.J...

New Jersey Supreme Court Rules That Rap Lyrics Can’t Be Used To Prove Artist’s Intent To Commit Crime

“Yo, look in my eyes. You can see death comin' quick. Look in my palms, you can see what I'm gunnin' with.” These were among the words read to a New Jersey jury during Vonte Skinner’s criminal trial stemming from a drug deal gone bad. During the trial, the State and Skinner...

Stryker Rejuvenate/ABG II Hip Implant Litigation Settles For At Least $1.42 Billion

(Mealey's) Howmedica Osteonics Corp. has set aside at least $1.42 billion to pay patients who had to undergo revision surgery as a result of corrosion or fretting of Stryker metal-on-metal Rejuvenate Modular-Neck and ABG II Modular-Neck hip implants, according to settlement documents released Nov...

Failure-To-Update Claims For Generic Drugs Not Preempted In New Jersey, Court Says

TRENTON, N.J. — (Mealey’s) A New Jersey state appeals court panel on Nov. 12 affirmed a lower court ruling that generic drug manufacturers can be sued for failure to update their labels with warnings added to the labels of the predecessor drug ( In Re: Reglan Litigation , No. A-2014-13T4...

Stryker Subsidiary, Ex-CEO Plead Guilty, Pay $79 Million For Illegal Device Marketing

NEWARK, N.J. — (Mealey’s) Stryker Corp. subsidiary OtisMed Corp. and the former OtisMed chief executive officer on Dec. 8 pleaded guilty to marketing the unapproved OtisKnee Orthopedic Cutting Guide medical device after the Food and Drug Administration denied clearance for the device ( United...

N.J. Accutane Judge: Post-2002 Warnings Of Bowel Injury Are Adequate Under Law

ATLANTIC CITY, N.J. — (Mealey’s) A judge overseeing New Jersey’s Accutane litigation on April 2 granted summary judgment to Accutane manufacturer Hoffman-La Roche after finding that as a matter of law, the drug’s post-April 2002 warnings about inflammatory bowel disease (IBD)...

March 2014 Jury Verdict Round-Up: Top 5 Personal Injury Verdicts

During February 2014, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. We’ve come up with an informal list of the top five cases that really captured our attention this past month. If you are interested in submitting...

Jury Verdict Round-Up: May Top 5 Personal Injury Suits

During May, the attorney editors on the LexisNexis Jury Verdict team covered several notable personal injury verdicts from across the country. Every month, we make a list of the top five cases that captured our attention. Our list normally includes substantial plaintiff’s verdicts as well as impressive...

Mark R. Vespole on Townsend v. Pierre, 221 N.J. 36 (2015)

By Mark R. Vespole In Townsend v. Pierre , the New Jersey Supreme Court issued a key decision interpreting the New Jersey Rules of Evidence as to the admissibility of expert testimony. The more seminal aspect of the decision is its practical impact on how courts deal with summary judgment motions;...

Ballard Spahr LLP: 3rd Circuit Clarifies Article III Standing For Absent Class Members, Impact Of Comcast

By Burt Rublin, Michael Carroll, and Casey Watkins In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that so long as any named...

$25 Million Accutane Verdict Vacated On Appeal In New Jersey On Law Choice, Limitations

TRENTON, N.J. — (Mealey’s) A New Jersey appeals panel on Aug. 11 vacated a $25 million Accutane bowel injury verdict after finding that Alabama’s statute of limitations applied, rather than New Jersey’s, and that the plaintiff’s claim was time-barred ( Andrew McCarrell v...

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed to establish Bayer was in contempt...

New Jersey Veteran’s State-Side Medical Treatment of Wounded Qualified as Service in “Theater of Operation”

The Tax Court of New Jersey recently decided that a New Jersey veteran qualified for the disabled veteran's personal residence tax exemption under N.J. Stat. Ann. § 54:4-3.30(a) as a result of her treatment of wounded soldiers as a doctor in a permanent facility in the United States. Lucienne...

Order Requiring Parents to Pay College Expenses Vacated

The Superior Court of New Jersey, Appellate Division recently decided a case involving a mother’s challenge to a family court order mandating that she and her former husband contribute to the college tuition expenses of their daughter, who had intervened in the parents’ divorce action. ...