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9 New Jersey opinions name it 2 courts 2009–2026 2 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 |
|---|---|---|
Elizabeth and Clifford Kemp v. Medtronic, Inc.green2 sentences2020Cornett, 211 N.J. at 387 (citing Kemp v. Medtronic, Inc., 231 F.3d 216, 236-37 (6th Cir. 2000)). 2012Kemp v. Medtronic, Inc., 231 F.3d 216, 236-37 (6th Cir.2000), cert. denied, 534 U.S. 818 , 122 S.Ct. 48 , 151 L.Ed.2d 19 (2001). | 2 | 2 |
Myrlak v. Port Auth. of NY and NJgreen2 sentences2026N.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 2026N.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 |
In Re Reglan Litigationgreen2 sentences2026In a PLA failure to warn claim, the plaintiff must prove that “the product causing the harm was not reasonably fit, suitable or safe for its intended purpose because it . . . failed to contain adequate warnings or instructions.” In re Reglan Litig., 226 N.J. 315, 334 (2016) (omission in original) (quoting N.J.S.A. 2A:58C-2). 2026In a PLA failure to warn claim, the plaintiff must prove that “the product causing the harm was not reasonably fit, suitable or safe for its intended purpose because it . . . failed to contain adequate warnings or instructions.” In re Reglan Litig., 226 N.J. 315, 334 (2016) (omission in original) (quoting N.J.S.A. 2A:58C-2). | 1 | 1 |
Navarro v. George Koch & Sons, Inc.green2 sentences2026N.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 2026N.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 |
Estate of Vida v. City of Garfieldgreen2 sentences2024Kesciova v. City of Garfield, 330 N.J. 2024Kesciova v. City of Garfield, 330 N.J. | 1 | 1 |
Kendall v. Hoffman-La Roche, Inc.green2 sentences2024See N.J.S.A. 2A:14-2(a) (requiring an action for "an injury to the person caused by the wrongful act, neglect or default of any person . . . shall be commenced within two years next after the cause of any such action"); Kendall v. Hoffman-La Roche, Inc., 209 N.J. 173, 190-91 (2012) (applying the two-year statute of limitations of N.J.S.A. 2A:14-2(a) to a case involving the PLA). 2024See N.J.S.A. 2A:14-2(a) (requiring an action for "an injury to the person caused by the wrongful act, neglect or default of any person . . . shall be commenced within two years next after the cause of any such action"); Kendall v. Hoffman-La Roche, Inc., 209 N.J. 173, 190-91 (2012) (applying the two-year statute of limitations of N.J.S.A. 2A:14-2(a) to a case involving the PLA). | 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 |
|---|---|---|
Perez v. Wyeth Laboratories Inc.
green
2 sentences2018The Court in Perez for the first time addressed the role of the federal regulatory process in relation to the PLA's presumption of adequacy that attaches to FDA-approved drugs. 161 N.J. at 25 , 734 A.2d 1245 . 2018The Court in Perez for the first time addressed the role of the federal regulatory process in relation to the PLA's presumption of adequacy that attaches to FDA-approved drugs. 161 N.J. at 25 , 734 A.2d 1245 . | 2 | 2010–2018 |
In Re Lead Paint Litigation
green
2 sentences2020Id. at 440 . 2020Id. at 440 . | 1 | 2020–2020 |
Cornett v. Johnson & Johnson
red
1 sentence2020Cornett, 211 N.J. at 387 (citing Kemp v. Medtronic, Inc., 231 F.3d 216, 236-37 (6th Cir. 2000)). | 1 | 2020–2020 |
Li Fu v. Hong Fu
green
2 sentences2017In Camp Jaycee, supra, 197 N.J. at 154 , the Court explained that in Fu, supra, 160 N.J. at 135 , it "dismissed the notion that a corporation could reasonably expect automatic immunization when conducting affairs outside the state" and observed that "however reasonable may be a rental agency's reliance on New Jersey's vicarious liability laws for purposes of an accident in this State, any blanket reliance on this State's law as a defense to conduct occurring in a foreign jurisdiction could not be justified." Although defendants might legitimately have expected protection under the PLA's presum 2017In Camp Jaycee, supra, 197 N.J. at 154 , the Court explained that in Fu, supra, 160 N.J. at 135 , it "dismissed the notion that a corporation could reasonably expect automatic immunization when conducting affairs outside the state" and observed that "however reasonable may be a rental agency's reliance on New Jersey's vicarious liability laws for purposes of an accident in this State, any blanket reliance on this State's law as a defense to conduct occurring in a foreign jurisdiction could not be justified." Although defendants might legitimately have expected protection under the PLA's presum | 1 | 2017–2017 |
PV Ex Rel. TV v. Camp Jaycee
green
1 sentence2017In Camp Jaycee, supra, 197 N.J. at 154 , the Court explained that in Fu, supra, 160 N.J. at 135 , it "dismissed the notion that a corporation could reasonably expect automatic immunization when conducting affairs outside the state" and observed that "however reasonable may be a rental agency's reliance on New Jersey's vicarious liability laws for purposes of an accident in this State, any blanket reliance on this State's law as a defense to conduct occurring in a foreign jurisdiction could not be justified." Although defendants might legitimately have expected protection under the PLA's presum | 1 | 2017–2017 |
McDarby v. Merck & Co., Inc.
green
2 sentences2017In light of the ongoing regulatory dynamics between drug companies and the FDA, the PLA's presumption of adequacy is easier to overcome for a negotiated, post-market label than for the original warning accompanying the drug, which was not, to the same extent, the result of "conciliatory processes." McDarby, supra, 401 N.J. 2017In light of the ongoing regulatory dynamics between drug companies and the FDA, the PLA's presumption of adequacy is easier to overcome for a negotiated, post-market label than for the original warning accompanying the drug, which was not, to the same extent, the result of "conciliatory processes." McDarby, supra, 401 N.J. | 1 | 2017–2017 |
Kemp v. Medtronic, Inc.
neutral
2 sentences2012Kemp v. Medtronic, Inc., 231 F.3d 216, 236-37 (6th Cir.2000), cert. denied, 534 U.S. 818 , 122 S.Ct. 48 , 151 L.Ed.2d 19 (2001). 2012Kemp v. Medtronic, Inc., 231 F.3d 216, 236-37 (6th Cir.2000), cert. denied, 534 U.S. 818 , 122 S.Ct. 48 , 151 L.Ed.2d 19 (2001). | 1 | 2012–2012 |
Easling v. Glen-Gery Corp.
green
2 sentences2009In Easling v. Glen-Gery Corp., 804 F.Supp. 585, 590-91 (D.N.J.1992), the court rejected an apartment complex purchaser's PLA claim for damage due to defective brick facing, reasoning that: The question thus becomes what "product" the plaintiffs purchased for the purposes of resolving the instant motion. 2009In Easling v. Glen-Gery Corp., 804 F.Supp. 585, 590-91 (D.N.J.1992), the court rejected an apartment complex purchaser's PLA claim for damage due to defective brick facing, reasoning that: The question thus becomes what "product" the plaintiffs purchased for the purposes of resolving the instant motion. | 1 | 2009–2009 |
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.