Derek Potts, Potts Law Firm, Houston. Texas or Jersey? Court Seeks Help With Choice-of-Law Question in Pelvic Mesh Fee Suit
The question posed appears novel—whether New Jersey public policy compels application of New Jersey's contingency-fee rules to all cases filed in its courts. But the plaintiffs were not New Jersey residents, the case was not litigated in New Jersey, and the case was ultimately settled in Texas—echoing the decentralized nature that is common in multidistrict litigation cases.
December 18, 2020 at 03:54 PM
4 minute read
The U.S. Court of Appeals for the Third Circuit is calling in outside help in hopes of resolving a dispute about whether New Jersey or Texas contingency fee rules should apply in multidistrict litigation over transvaginal mesh devices.
The appeals court asked the New Jersey Supreme Court to provide guidance on whether New Jersey court rules apply to pelvic mesh lawsuits that were filed in a New Jersey court by lawyers from Texas.
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