33 New Jersey opinions name it 2 courts 1979–2026 8 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Feldman v. Lederle Laboratoriesgreen2 sentences1994See id. at 449 , 479 A.2d 374 (stating that “defect may take one of three forms: a manufacturing flaw, a design defect, or an inadequate warning”); Freund v. Cellofilm Properties, Inc., 87 N.J. 229, 236-41 , 432 A.2d 925 (1981) (holding that inadequate warning could constitute design defect); Suter v. San Angelo Foundry & Mach. 1994See id. at 449 , 479 A.2d 374 (stating that “defect may take one of three forms: a manufacturing flaw, a design defect, or an inadequate warning”); Freund v. Cellofilm Properties, Inc., 87 N.J. 229, 236-41 , 432 A.2d 925 (1981) (holding that inadequate warning could constitute design defect); Suter v. San Angelo Foundry & Mach. | 3 | 4 |
Strumph v. Schering Corp.green2 sentences2021Super. 309, 323-28 (App. Div. 1992) (Skillman, J., dissenting) (concluding that "a defendant drug manufacturer may not be held liable for an alleged inadequate warning where the only evidence on the issue of causation is the prescribing doctor's unequivocal testimony that his or her decision to prescribe the drug was not affected by the warning") (emphasis added), rev'd on dissent, 133 N.J. 33, 34 (1993). 2021Super. 309, 323-28 (App. Div. 1992) (Skillman, J., dissenting) (concluding that "a defendant drug manufacturer may not be held liable for an alleged inadequate warning where the only evidence on the issue of causation is the prescribing doctor's unequivocal testimony that his or her decision to prescribe the drug was not affected by the warning") (emphasis added), rev'd on dissent, 133 N.J. 33, 34 (1993). | 3 | 3 |
Freund v. Cellofilm Properties, Inc.green2 sentences1996See also Freund, supra, 87 N.J. at 236-41 , 432 A.2d 925 (holding that an inadequate warning could constitute a design defect). 1996See also Freund, supra, 87 N.J. at 236-41 , 432 A.2d 925 (holding that an inadequate warning could constitute a design defect). | 2 | 6 |
Suter v. San Angelo Foundry & MacHine Companygreen2 sentences1994Co., 81 N.J. 150, 176 , 406 A.2d 140 (1979) (“[A] product may be unsafe because of inadequate instructions.”). “[A]n adequate warning is one that includes the directions, communications, and information essential to make the use of a product safe.” Freund, supra, 87 N.J. at 243 , 432 A.2d 925 . 1984Co., 81 N.J. 150, 176 (1979), that “a product may be unsafe because of inadequate instructions.” Indeed, we held in Freund, supra, 87 N.J. at 236-41 , that an inadequate warning could constitute a design defect. | 2 | 3 |
Sterling Drug, Inc., a Corporation v. Irene M. Yarrowgreen2 sentences1979See, e.g., Sterling Drug, Inc. v. Yarrow, 408 F. 2d 978, 992 (8th Cir.1969), a prescription drug case, holding that the gist of the cause of action based on an alleged inadequate warning is the same under both Section 388 and 402A. 1979See, e.g., Sterling Drug, Inc. v. Yarrow, 408 F. 2d 978, 992 (8 Cir.1969), a prescription drug case, holding that the gist of the cause of action based on an alleged inadequate warning is the same under both § 388 and § 402A. | 2 | 3 |
State v. Marrerogreen2 sentences2024See ibid. 2020See, e.g., State v. Marrero, 148 N.J. 469, 496-97 (1997) (finding insufficient instruction as to the use of other-crimes evidence harmless because “the evidence of guilt, 30 independent of the other-crime evidence, was nearly overwhelming,” such that the inadequate instruction “did not tip the scales”). | 2 | 2 |
Torsiello v. Whitehall Laboratoriesgreen2 sentences1981Torsiello v. Whitehall Laboratories, 165 N.J.Super. 311, 320-321, n.2 (App.Div.1979), certif. den., 81 N.J. 50 (1979). 1981Torsiello v. Whitehall Laboratories, 165 N.J. | 2 | 2 |
Myrlak v. Port Auth. of NY and NJgreen1 sentence2026N.J.S.A. 2A:58C-2. 5 The record makes clear that plaintiff no longer asserts the PLA claim for design defect that she pled in her complaint. 34 When a plaintiff premises a PLA claim on an alleged manufacturing defect, the “deviation ‘from the design specifications, formulae, or performance standards of the manufacturer or from otherwise identical units manufactured to the same manufacturing specifications or formulae’” “occurs when the product comes off the production line in a substandard condition based on the manufacturer’s own standards or identical units that were made in accordance with | 1 | 1 |
Navarro v. George Koch & Sons, Inc.green1 sentence2026N.J.S.A. 2A:58C-2. 5 The record makes clear that plaintiff no longer asserts the PLA claim for design defect that she pled in her complaint. 34 When a plaintiff premises a PLA claim on an alleged manufacturing defect, the “deviation ‘from the design specifications, formulae, or performance standards of the manufacturer or from otherwise identical units manufactured to the same manufacturing specifications or formulae’” “occurs when the product comes off the production line in a substandard condition based on the manufacturer’s own standards or identical units that were made in accordance with | 1 | 1 |
Beshada v. Johns-Manville Products Corp.green1 sentence2022See id. at 333 . | 1 | 1 |
Nuwave Investment Corp. v. Hyman Beck & Co. (073551)green1 sentence2022See 221 N.J. at 500 (“Because it is unclear whether the entirety of the jury award was influenced by the inadequate instruction . . . , the cleanest and most fair resolution is to vacate the entire award and remand this matter for a new trial on damages.”). | 1 | 1 |
Wymbs v. Township of Waynegreen1 sentence2019Wymbs v. Twp. of Wayne, 163 N.J. 523, 537 (2000). | 1 | 1 |
Campos v. Firestone Tire & Rubber Co.red2 sentences2012Under the common law, “[a] product may be unsafe, and therefore defective, because of a failure to warn or an inadequate warning.” Feldman v. Lederle Labs., 125 N.J. 117, 144 , 592 A.2d 1176 (1991) (citation omitted); see also Campos v. Firestone, 98 N.J. 198, 205 , 485 A.2d 305 (1984) (recognizing that no warning, or an inadequate warning, renders a product defective). 2012Under the common law, “[a] product may be unsafe, and therefore defective, because of a failure to warn or an inadequate warning.” Feldman v. Lederle Labs., 125 N.J. 117, 144 , 592 A.2d 1176 (1991) (citation omitted); see also Campos v. Firestone, 98 N.J. 198, 205 , 485 A.2d 305 (1984) (recognizing that no warning, or an inadequate warning, renders a product defective). | 1 | 1 |
| Beatrice G. Stanback v. Parke, Davis and Companygreen | 1 | 1 |
| Elisabeth Kirsch v. Picker International, Inc.green | 1 | 1 |
prod.liab.rep.(cch)p 11,422 Harry Plummer, Cross-Appellant v. Lederle Laboratories, Division of American Cyanamid Company, Cross-Appelleegreen2 sentences1992This principle was relied upon in Plummer v. Lederle Laboratories, 819 F. 2d 349 (2d Cir.1987), cert. denied, 484 U.S. 898 , 108 S.Ct. 232 , 98 L.Ed. 2d 191 (1987), in which the court rejected plaintiff's argument that he could establish the requisite causal relationship between a drug manufacturer's alleged inadequate warning of the risk of contracting contact polio and the prescribing doctor's failure to convey any information regarding this risk to the patient based solely on the jury's disbelief of the doctor's testimony: According to [plaintiff], [the prescribing doctor's] testimony that 1992See, e.g., Thomas v. Hoffman-LaRoche, Inc., supra, 949 F. 2d 806 ; Stanback v. Parke, Davis & Co., 657 F. 2d 642, 645-46 (4th Cir.1981); see also Plummer v. Lederle Laboratories, supra, 819 F. 2d 349 ; Kirsch v. Picker International, Inc., 753 F. 2d 670, 671-72 (8th Cir.1985); Spychala v. G.D. | 1 | 1 |
prod.liab.rep. (Cch) P 13,013 Mary Kathryn Thomas v. Hoffman-Laroche, Inc.green1 sentence1992See, e.g., Thomas v. Hoffman-LaRoche, Inc., supra, 949 F. 2d 806 ; Stanback v. Parke, Davis & Co., 657 F. 2d 642, 645-46 (4th Cir.1981); see also Plummer v. Lederle Laboratories, supra, 819 F. 2d 349 ; Kirsch v. Picker International, Inc., 753 F. 2d 670, 671-72 (8th Cir.1985); Spychala v. G.D. | 1 | 1 |
| Anderson v. Somberggreen | 1 | 1 |
| Somberg v. Andersongreen | 1 | 1 |
| Chacon v. Granatagreen | 1 | 1 |
| Haverhill Manor, Inc. v. Commissioner of Public Welfaregreen | 1 | 1 |
| NOPCO Chemical Division of Diamond Shamrock Chemical Co. v. Blaw-Knox Co.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rainbow v. Albert Elia Building Co.
green
2 sentences1981E. g., Sterling Drug, Inc. v. Yarrow, 408 F.2d 978 (8 Cir. 1969); Rainbow v. Albert Elia Building Co., Inc., 49 A.D.2d 250 , 373 N.Y.S.2A 928 (1975). 1981E.g., Sterling Drug, Inc. v. Yarrow, 408 F. 2d 978 (8 Cir.1969); Rainbow v. Albert Elia Building Co., Inc., 49 A.D. 2d 250 , 373 N.Y.S. 2d 928 (1975). | 3 | 1979–1981 |
Feldman v. Lederle Laboratories
green
2 sentences2024When liability is premised on the failure to warn or an inadequate warning, the issue becomes whether the manufacturer knew or could have known of the danger and, if so, whether it "acted in a reasonably prudent manner in marketing the product or in providing the warnings given." Id. at 451-52. [Feldman II, 125 N.J. at 144 .] While manufacturers in compliance with FDA labeling requirements are entitled to a rebuttable presumption that the warning labeling was adequate, A-1501-23 25 N.J.S.A. 2A:58C-4,5 the PLA permits a plaintiff to allege the manufacturer was aware of "after-acquired knowledge 2012Under the common law, “[a] product may be unsafe, and therefore defective, because of a failure to warn or an inadequate warning.” Feldman v. Lederle Labs., 125 N.J. 117, 144 , 592 A.2d 1176 (1991) (citation omitted); see also Campos v. Firestone, 98 N.J. 198, 205 , 485 A.2d 305 (1984) (recognizing that no warning, or an inadequate warning, renders a product defective). | 2 | 2012–2024 |
Zaza v. Marquess and Nell, Inc.
green
2 sentences1996In an inadequate warning case, “the defect is in the failure to warn unsuspecting users that the product can potentially cause injury.” Id. at 57 , 675 A.2d 620 . 1996In an inadequate warning case, “the defect is in the failure to warn unsuspecting users that the product can potentially cause injury.” Id. at 57 , 675 A.2d 620 . | 2 | 1996–1996 |
Buckelew v. Grossbard
green
2 sentences2026Here, plaintiff asserts two PLA claims: a claim that the “product causing the harm” was defective because of a manufacturing defect, id. at -2(a), and a claim that the “product causing the harm” was defective because of an inadequate warning, id. at -2(b), -4. 5 To prevail on either claim, plaintiff must prove that the alleged defect in the product caused her harm. 2026Here, plaintiff asserts two PLA claims: a claim that the “product causing the harm” was defective because of a manufacturing defect, id. at -2(a), and a claim that the “product causing the harm” was defective because of an inadequate warning, id. at -2(b), -4. 5 To prevail on either claim, plaintiff must prove that the alleged defect in the product caused her harm. | 1 | 2026–2026 |
Cornett v. Johnson & Johnson
green
1 sentence2024When liability is premised on the failure to warn or an inadequate warning, the issue becomes whether the manufacturer knew or could have known of the danger and, if so, whether it "acted in a reasonably prudent manner in marketing the product or in providing the warnings given." Id. at 451-52. [Feldman II, 125 N.J. at 144 .] While manufacturers in compliance with FDA labeling requirements are entitled to a rebuttable presumption that the warning labeling was adequate, A-1501-23 25 N.J.S.A. 2A:58C-4,5 the PLA permits a plaintiff to allege the manufacturer was aware of "after-acquired knowledge | 1 | 2024–2024 |
Grier v. Cochran Western Corp.
green
1 sentence2022In the present case, Union Carbide put an inadequate warning on its asbestos bags, despite its knowledge of the deficiency of that warning. 34 Union Carbide points to Grier, 308 N.J. | 1 | 2022–2022 |
Tirrell v. Navistar Intern., Inc.
green
2 sentences2007Tirrell, supra, 248 N.J.Super. at 398 , 591 A. 2d 643 . 2007Tirrell, supra, 248 N.J.Super. at 398 , 591 A. 2d 643 . | 1 | 2007–2007 |
Strumph v. Schering Corp.
green
2 sentences2001In Strumph, the plaintiff alleged that she had been injured following her ingestion *1007 of the defendant's drug and that her injuries were the result of an inadequate warning concerning that drug. 256 N.J.Super. at 310 , 606 A. 2d 1140 . 2001In Strumph, the plaintiff alleged that she had been injured following her ingestion *1007 of the defendant's drug and that her injuries were the result of an inadequate warning concerning that drug. 256 N.J.Super. at 310 , 606 A. 2d 1140 . | 1 | 2001–2001 |
Graves v. Church & Dwight Co., Inc.
green
1 sentence1996Graves v. Church & Dwight Co., Inc., 267 N.J. | 1 | 1996–1996 |
State v. Concepcion
green
2 sentences1995The judge should "mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case." State v. Concepcion, 111 N.J. 373, 379 , 545 A. 2d 119 (1988). 1995The judge should "mold the instruction in a manner that explains the law to the jury in the context of the material facts of the case." State v. Concepcion, 111 N.J. 373, 379 , 545 A. 2d 119 (1988). | 1 | 1995–1995 |
Jurman v. Samuel Braen, Inc.
green
2 sentences1995Merely asking the jury to say whether plaintiff was bitten while lawfully on defendants' property was an inadequate instruction. *25 The trial judge's instructions should "plainly spell out how the jury should apply the legal principles to the facts as it may find them...." Jurman v. Samuel Braen, Inc., 47 N.J. 586, 591-92 , 222 A. 2d 78 (1966). 1995Merely asking the jury to say whether plaintiff was bitten while lawfully on defendants' property was an inadequate instruction. *25 The trial judge's instructions should "plainly spell out how the jury should apply the legal principles to the facts as it may find them...." Jurman v. Samuel Braen, Inc., 47 N.J. 586, 591-92 , 222 A. 2d 78 (1966). | 1 | 1995–1995 |
Fabian v. Minster MacH. Co., Inc.
green
1 sentence1995Fabian v. Minster Machine Co., 258 N.J. | 1 | 1995–1995 |
| State v. Binns green | 1 | 1992–1992 |
| Vallillo v. Muskin Corp. green | 1 | 1992–1992 |
Plummer v. Lederle Laboratories
green
1 sentence1992This principle was relied upon in Plummer v. Lederle Laboratories, 819 F. 2d 349 (2d Cir.1987), cert. denied, 484 U.S. 898 , 108 S.Ct. 232 , 98 L.Ed. 2d 191 (1987), in which the court rejected plaintiff's argument that he could establish the requisite causal relationship between a drug manufacturer's alleged inadequate warning of the risk of contracting contact polio and the prescribing doctor's failure to convey any information regarding this risk to the patient based solely on the jury's disbelief of the doctor's testimony: According to [plaintiff], [the prescribing doctor's] testimony that | 1 | 1992–1992 |
McMillan v. United States
green
1 sentence1992This principle was relied upon in Plummer v. Lederle Laboratories, 819 F. 2d 349 (2d Cir.1987), cert. denied, 484 U.S. 898 , 108 S.Ct. 232 , 98 L.Ed. 2d 191 (1987), in which the court rejected plaintiff's argument that he could establish the requisite causal relationship between a drug manufacturer's alleged inadequate warning of the risk of contracting contact polio and the prescribing doctor's failure to convey any information regarding this risk to the patient based solely on the jury's disbelief of the doctor's testimony: According to [plaintiff], [the prescribing doctor's] testimony that | 1 | 1992–1992 |
Rawl v. Able
green
1 sentence1992This principle was relied upon in Plummer v. Lederle Laboratories, 819 F. 2d 349 (2d Cir.1987), cert. denied, 484 U.S. 898 , 108 S.Ct. 232 , 98 L.Ed. 2d 191 (1987), in which the court rejected plaintiff's argument that he could establish the requisite causal relationship between a drug manufacturer's alleged inadequate warning of the risk of contracting contact polio and the prescribing doctor's failure to convey any information regarding this risk to the patient based solely on the jury's disbelief of the doctor's testimony: According to [plaintiff], [the prescribing doctor's] testimony that | 1 | 1992–1992 |
| Dewey v. Brown & Williamson Tobacco Corp. green | 1 | 1990–1990 |
| Sterling Drug, Inc., a Corporation v. Maxine F. Cornish green | 1 | 1989–1989 |
| Toner v. Lederle Laboratories green | 1 | 1987–1987 |
| O'BRIEN v. Muskin Corp. green | 1 | 1984–1984 |
| Torsiello v. Whitehall Laboratories green | 1 | 1981–1981 |
| Sterling Jackson v. Coast Paint and Lacquer Company, a Corporation, and Reliance Universal Incorporated, a Corporation green | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.