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8 New Jersey opinions name it 2 courts 1989–2018 0 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 |
|---|---|---|
Cornett v. Johnson & Johnsongreen2 sentences2018N.J.S.A. 2A:58C-4 provides that [i]f the warning or instruction given in connection with a drug or device or food or food additive has been approved or *525 prescribed by the federal Food and Drug Administration under [federal laws], a rebuttable presumption shall arise that the warning or instruction is adequate. [ (emphasis added).] The Legislature, by attaching a presumption of adequacy to FDA-approved warnings, "recognized the preeminent role of federal regulation of drugs and medical devices." Cornett v. Johnson & Johnson , 211 N.J. 362 , 387, 48 A.3d 1041 (2012) ; accord Rowe , 189 N.J. 2018N.J.S.A. 2A:58C-4 provides that [i]f the warning or instruction given in connection with a drug or device or food or food additive has been approved or *525 prescribed by the federal Food and Drug Administration under [federal laws], a rebuttable presumption shall arise that the warning or instruction is adequate. [ (emphasis added).] The Legislature, by attaching a presumption of adequacy to FDA-approved warnings, "recognized the preeminent role of federal regulation of drugs and medical devices." Cornett v. Johnson & Johnson , 211 N.J. 362 , 387, 48 A.3d 1041 (2012) ; accord Rowe , 189 N.J. | 1 | 2 |
Rowe v. Hoffman-La Roche, Inc.green2 sentences2018N.J.S.A. 2A:58C-4 provides that [i]f the warning or instruction given in connection with a drug or device or food or food additive has been approved or *525 prescribed by the federal Food and Drug Administration under [federal laws], a rebuttable presumption shall arise that the warning or instruction is adequate. [ (emphasis added).] The Legislature, by attaching a presumption of adequacy to FDA-approved warnings, "recognized the preeminent role of federal regulation of drugs and medical devices." Cornett v. Johnson & Johnson , 211 N.J. 362 , 387, 48 A.3d 1041 (2012) ; accord Rowe , 189 N.J. 2018N.J.S.A. 2A:58C-4 provides that [i]f the warning or instruction given in connection with a drug or device or food or food additive has been approved or *525 prescribed by the federal Food and Drug Administration under [federal laws], a rebuttable presumption shall arise that the warning or instruction is adequate. [ (emphasis added).] The Legislature, by attaching a presumption of adequacy to FDA-approved warnings, "recognized the preeminent role of federal regulation of drugs and medical devices." Cornett v. Johnson & Johnson , 211 N.J. 362 , 387, 48 A.3d 1041 (2012) ; accord Rowe , 189 N.J. | 1 | 1 |
PV Ex Rel. TV v. Camp Jayceegreen1 sentence2017See Camp Jaycee, 75 A-4760-14T1 supra, 197 N.J. at 153 . | 1 | 1 |
Lopez v. Swyergreen2 sentences2012See Lopez v. Swyer, 62 N.J. 267 , 300 A.2d 563 (1973). 2012See Lopez v. Swyer, 62 N.J. 267 , 300 A.2d 563 (1973). | 1 | 1 |
prod.liab.rep.(cch)p 10,997 Katie Laurel Wells v. Ortho Pharmaceutical Corporationgreen1 sentence2006Corp., 788 F. 2d 741, 746 (11th Cir.) (applying Georgia law), cert. denied, 479 U.S. 950 , 107 S.Ct. 437 , 93 L. | 1 | 1 |
Erny v. Estate of Merolagreen2 sentences2006See Erny v. Russo, 333 N.J.Super. 88, 96 , 754 A. 2d 606 (App.Div.2000), rev'd on other grounds, 171 N.J. 86 , 792 A. 2d 1208 (2002) (where the trial judge allowed the plaintiff to seek application of New York law after the liability trial, we said, "[i]n view of the broad discretion enjoyed by the trial court in such matters, we refrain from disturbing that determination.") As a preliminary determination, the motion judge correctly found an actual conflict between Michigan law and New Jersey law on the viability of a failure-to-warn claim with respect to FDA-approved warnings. 2006See Erny v. Russo, 333 N.J.Super. 88, 96 , 754 A. 2d 606 (App.Div.2000), rev'd on other grounds, 171 N.J. 86 , 792 A. 2d 1208 (2002) (where the trial judge allowed the plaintiff to seek application of New York law after the liability trial, we said, "[i]n view of the broad discretion enjoyed by the trial court in such matters, we refrain from disturbing that determination.") As a preliminary determination, the motion judge correctly found an actual conflict between Michigan law and New Jersey law on the viability of a failure-to-warn claim with respect to FDA-approved warnings. | 1 | 1 |
Erny v. Russogreen2 sentences2006See Erny v. Russo, 333 N.J.Super. 88, 96 , 754 A. 2d 606 (App.Div.2000), rev'd on other grounds, 171 N.J. 86 , 792 A. 2d 1208 (2002) (where the trial judge allowed the plaintiff to seek application of New York law after the liability trial, we said, "[i]n view of the broad discretion enjoyed by the trial court in such matters, we refrain from disturbing that determination.") As a preliminary determination, the motion judge correctly found an actual conflict between Michigan law and New Jersey law on the viability of a failure-to-warn claim with respect to FDA-approved warnings. 2006See Erny v. Russo, 333 N.J.Super. 88, 96 , 754 A. 2d 606 (App.Div.2000), rev'd on other grounds, 171 N.J. 86 , 792 A. 2d 1208 (2002) (where the trial judge allowed the plaintiff to seek application of New York law after the liability trial, we said, "[i]n view of the broad discretion enjoyed by the trial court in such matters, we refrain from disturbing that determination.") As a preliminary determination, the motion judge correctly found an actual conflict between Michigan law and New Jersey law on the viability of a failure-to-warn claim with respect to FDA-approved warnings. | 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 presumption of adequacy necessarily "helps to ensure that manufacturers are not made guarantors against remotely possible, but not scientifically-verifiable, side-effects of prescription drugs," Perez , 161 N.J. at 25 , 734 A.2d 1245 , and "reduc[es] the burden placed on [manufacturers of medications with FDA-approved warnings] by product liability litigation," Rowe , 189 N.J. at 626 , 917 A.2d 767 . 2018The presumption of adequacy necessarily "helps to ensure that manufacturers are not made guarantors against remotely possible, but not scientifically-verifiable, side-effects of prescription drugs," Perez , 161 N.J. at 25 , 734 A.2d 1245 , and "reduc[es] the burden placed on [manufacturers of medications with FDA-approved warnings] by product liability litigation," Rowe , 189 N.J. at 626 , 917 A.2d 767 . | 3 | 2012–2018 |
Feldman v. Lederle Laboratories
green
2 sentences2018In Feldman v. Lederle Laboratories , the Court acknowledged that the PLA's "plain language defies the conclusion that the presumption cannot be overborne." 125 N.J. 117 , 157, 592 A.2d 1176 (1991). 2018In Feldman v. Lederle Laboratories , the Court acknowledged that the PLA's "plain language defies the conclusion that the presumption cannot be overborne." 125 N.J. 117 , 157, 592 A.2d 1176 (1991). | 2 | 2008–2018 |
Wyeth v. Levine
green
1 sentence2018Id. at 578 , 129 S.Ct. 1187 . **275 Thus, an FDA-approved warning for a drug on the market for many years may grow stale in light of "newly acquired information" about "a clinically significant hazard" in the use of the drug by certain consumers. 21 C.F.R. § 201.57 (c) ; 21 C.F.R. § 314.70 (c). | 1 | 2018–2018 |
Cont'l Ins. Co. v. Honeywell Int'l, Inc.
green
2 sentences2018Co. v. Honeywell Int'l, Inc. , 234 N.J. 23 , 46, 188 A.3d 297 (2018) (quoting DeMarco v. Stoddard , 223 N.J. 363 , 383, 125 A.3d 367 (2015) ). **255 Here, we must compare New Jersey's PLA with the product-liability laws or analogues of forty-four other jurisdictions. 9 *518 New Jersey's rebuttable presumption of adequacy, which specifically attaches to FDA-approved warnings, sets our law apart from most other states' laws. 2018Co. v. Honeywell Int'l, Inc. , 234 N.J. 23 , 46, 188 A.3d 297 (2018) (quoting DeMarco v. Stoddard , 223 N.J. 363 , 383, 125 A.3d 367 (2015) ). **255 Here, we must compare New Jersey's PLA with the product-liability laws or analogues of forty-four other jurisdictions. 9 *518 New Jersey's rebuttable presumption of adequacy, which specifically attaches to FDA-approved warnings, sets our law apart from most other states' laws. | 1 | 2018–2018 |
Thomas Demarco v. Sean Robert Stoddard, D.P.m(073949)
green
2 sentences2018Co. v. Honeywell Int'l, Inc. , 234 N.J. 23 , 46, 188 A.3d 297 (2018) (quoting DeMarco v. Stoddard , 223 N.J. 363 , 383, 125 A.3d 367 (2015) ). **255 Here, we must compare New Jersey's PLA with the product-liability laws or analogues of forty-four other jurisdictions. 9 *518 New Jersey's rebuttable presumption of adequacy, which specifically attaches to FDA-approved warnings, sets our law apart from most other states' laws. 2018Co. v. Honeywell Int'l, Inc. , 234 N.J. 23 , 46, 188 A.3d 297 (2018) (quoting DeMarco v. Stoddard , 223 N.J. 363 , 383, 125 A.3d 367 (2015) ). **255 Here, we must compare New Jersey's PLA with the product-liability laws or analogues of forty-four other jurisdictions. 9 *518 New Jersey's rebuttable presumption of adequacy, which specifically attaches to FDA-approved warnings, sets our law apart from most other states' laws. | 1 | 2018–2018 |
McDarby v. Merck & Co., Inc.
green
2 sentences2017That is, in New Jersey it has been recognized that the PLA's statutory presumption may be overcome by a showing of deliberate concealment or nondisclosure of after-acquired knowledge of harmful effects, Perez, supra, 161 N.J. at 25 , or substantial evidence of economically driven manipulation of the post-market regulatory process, McDarby, supra, 401 N.J. 2017That is, in New Jersey it has been recognized that the PLA's statutory presumption may be overcome by a showing of deliberate concealment or nondisclosure of after-acquired knowledge of harmful effects, Perez, supra, 161 N.J. at 25 , or substantial evidence of economically driven manipulation of the post-market regulatory process, McDarby, supra, 401 N.J. | 1 | 2017–2017 |
Prince v. Garruto, Galex & Cantor
neutral
2 sentences2008Although plaintiffs may present expert testimony in an attempt to rebut the statutory presumption, Prince v. Garruto, Galex & Cantor, 346 N.J.Super. 180, 188-89 , 787 A. 2d 245 (App.Div.2001), the presumption in favor of the adequacy of FDA-approved warnings will not be deemed rebutted unless plaintiffs produce the type of evidence identified in Perez, Rowe, or McDarby . 2008Although plaintiffs may present expert testimony in an attempt to rebut the statutory presumption, Prince v. Garruto, Galex & Cantor, 346 N.J.Super. 180, 188-89 , 787 A. 2d 245 (App.Div.2001), the presumption in favor of the adequacy of FDA-approved warnings will not be deemed rebutted unless plaintiffs produce the type of evidence identified in Perez, Rowe, or McDarby . | 1 | 2008–2008 |
Langley v. Young
green
1 sentence2006Corp., 788 F. 2d 741, 746 (11th Cir.) (applying Georgia law), cert. denied, 479 U.S. 950 , 107 S.Ct. 437 , 93 L. | 1 | 2006–2006 |
Bergh v. Department of Transportation
green
1 sentence2006Corp., 788 F. 2d 741, 746 (11th Cir.) (applying Georgia law), cert. denied, 479 U.S. 950 , 107 S.Ct. 437 , 93 L. | 1 | 2006–2006 |
Quillen v. Bowen
green
1 sentence2006Corp., 788 F. 2d 741, 746 (11th Cir.) (applying Georgia law), cert. denied, 479 U.S. 950 , 107 S.Ct. 437 , 93 L. | 1 | 2006–2006 |
Abbott v. American Cyanamid Co.
green
2 sentences1991In Abbot v. American Cyanamid Co., 844 F. 2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed. 2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley, namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. 1991In Abbot v. American Cyanamid Co., 844 F.2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed.2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley , namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. | 1 | 1991–1991 |
James L. Hurley, Jr., Etc. v. Lederle Laboratories Division of American Cyanamid Co., Defendants
green
2 sentences1991Thus, assuming that the FDA has processed all the relevant and available information in arriving at the prescribed warning, its decision as to the proper wording must preempt by implication that of a state. [ Ibid. ] The court limited the inquiry on remand to whether Lederle had withheld information from the FDA; "[o]therwise, the FDA-approved warning is sufficient." Id. at 1543 . 1991Thus, assuming that the FDA has processed all the relevant and available information in arriving at the prescribed warning, its decision as to the proper wording must preempt by implication that of a state. [ Ibid. ] The court limited the inquiry on remand to whether Lederle had withheld information from the FDA; "[o]therwise, the FDA-approved warning is sufficient." Id. at 1543 . | 1 | 1991–1991 |
American Cyanamid Co. v. Abbot ex rel. Abbot
green
2 sentences1991In Abbot v. American Cyanamid Co., 844 F. 2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed. 2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley, namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. 1991In Abbot v. American Cyanamid Co., 844 F.2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed.2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley , namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. | 1 | 1991–1991 |
Garrett v. General Motors Corp.
green
2 sentences1991In Abbot v. American Cyanamid Co., 844 F. 2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed. 2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley, namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. 1991In Abbot v. American Cyanamid Co., 844 F.2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed.2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley , namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. | 1 | 1991–1991 |
Morison v. United States
green
2 sentences1991In Abbot v. American Cyanamid Co., 844 F. 2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed. 2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley, namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. 1991In Abbot v. American Cyanamid Co., 844 F.2d 1108 , cert. denied, 488 U.S. 908 , 109 S.Ct. 260 , 102 L.Ed.2d 248 (1988), the Fourth Circuit was faced with the same issue presented in Hurley , namely, preemption of defective-design and failure-to-warn claims by FDA regulations governing vaccines. | 1 | 1991–1991 |
James L. Hurley, Jr., Etc. v. Lederle Laboratories Division of American Cyanamid Co., Defendants
green
1 sentence1989Id. | 1 | 1989–1989 |
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.