Accutane Cases Headed to NJ Supreme Court
The New Jersey Supreme Court has agreed to hear appeals in the mass tort alleging that Hoffmann-La Roche's anti-acne drug Accutane led to users developing Crohn's disease.
December 08, 2017 at 06:11 PM
7 minute read
The New Jersey Supreme Court has agreed to hear appeals in the mass tort alleging that the pharmaceutical giant Hoffmann-La Roche's anti-acne drug Accutane led to users' development of Crohn's disease.
The court will likely hear arguments in the case next year.
In Dec. 8 orders granting petitions for certification, the court agreed to determine whether the plaintiffs can overcome the presumption of adequacy afforded by the Products Liability Act for a drug approved by the federal Food and Drug Administration, and whether a trial judge erred in barring plaintiffs' expert testimony.
The lead attorneys were not immediately available for comment: Paul Schmidt of the Washington office of Covington & Burling, who represents Hoffmann-La Roche; and David Buchanan, of New York's Seeger & Weiss, who represents the plaintiffs.
In July, the Appellate Division ruled that, in more than 2,100 suits lodged by users of Accutane claiming they developed Crohn's disease, plaintiff expert testimony was improperly excluded by Atlantic County Superior Court Judge Nelson Johnson.
Johnson exceeded his role as a gatekeeper when he concluded that plaintiffs' experts on gastroenterology and epidemiology were using unaccepted scientific methods to analyze the evidence in the case, the appeals court said. The decision also said the judge incorrectly determined the credibility of the testimony by plaintiffs' experts. The appeals court reversed an order barring expert testimony by the plaintiffs' experts, and another order dismissing 2,174 cases.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllVolkswagen Hit With Consumer Class Action Alleging Defective SUV Engines
3 minute read'The Tobacco Industry of This Decade': Slew of Class Actions Accuse DraftKings of Creating Addicts
5 minute readSeton Hall Escapes COVID-19 Wrongful Death Suit After Student Found Dead in Dorm
4 minute readNJ Manufacturing Company Sues Insurer to Recoup PFAS Remediation Losses
4 minute readTrending Stories
- 1Many LA County Law Firms Remain Open, Mobilize to Support Affected Employees Amid Historic Firestorm
- 2Stevens & Lee Names New Delaware Shareholder
- 3U.S. Supreme Court Denies Trump Effort to Halt Sentencing
- 4From CLO to President: Kevin Boon Takes the Helm at Mysten Labs
- 5How Law Schools Fared on California's July 2024 Bar Exam
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250