Tuesday, July 25, 2017

Accutane Plaintiffs Overcome the “Super-Presumption” That FDA-Approved Warnings About Drugs are Adequate

In re Accutane Litig., 2017 WL _____ (App. Div. July 25, 2017).  [Disclosure:  I argued for the successful plaintiffs in one of these two consolidated appeals, the one that involved the NJPLA.]  The New Jersey Product Liability Act, N.J.S.A. 2A:58C-4 (“NJPLA”), creates a presumption, which the Supreme Court has labeled a “virtually dispositive” “super-presumption,” that […]

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