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29 daypitney haglund
29 DayPitney Haglund 4/25/07 11:44 AM Page 1
The Metropolitan Corporate Counsel New Jersey Supreme Court Reins In Appellate Division’s Expansive Tort Conflicts-Of-Law Analysis Benjamin E. Haglund,
already diluted its interest in applying its
Marc D. Crowley and Amy Valentine McClelland DAY PITNEY LLP The New Jersey
reversed a decision rendered last year by
sion’s view, the Supreme Court concluded
Benjamin E. Amy Valentine Supreme Court
that another purpose of Michigan’s tort
McClelland Decision
law was to increase the availability of pre-
Jersey Products Liability Act available to
out-of-state plaintiffs with no connection
the dismissal, holding that the Appellate
to New Jersey. The Supreme Court’s deci-
Division had afforded insufficient weight
sion in Rowe v. Hoffmann-La Roche, Inc.
would result in fewer and costlier drugs,
to Michigan’s interest in having its tort
addresses important conflicts of law prin-
cern for protecting Michigan businesses.
sey’s interest in applying its statutory
ciples in the context of a failure-to-warn
The Rowe Court concluded that it was
against the potential psychological effects
not its role to question the effectiveness of
tical product for the treatment of acne.
Supreme Court’s determination that there
The Laws In Conflict
sey’s interest in enforcing its products lia-
At the heart of Rowe is a conflict over
bility laws did not override Michigan’s
Jersey’s rebuttable presumption as to the
gan should apply to plaintiff’s claim.
adequacy of an FDA-approved warning.
gan’s goals of immunizing drug manufac-
turers and making more drugs available to
governmental interest analysis, i.e., to
determine each state’s respective interest
alleged defect in the product or its warn-
in having its own substantive law applied
joined by amici curiae Product Liability
to the claim. To make this determination,
Advisory Council, Healthcare Institute of
“is not defective or unreasonably danger-
ous, and the manufacturer or seller is not
ing each state’s statute and then deter-
sey’s interest in deterring New Jersey cor-
liable, if the drug was approved for safety
were implicated by the parties and the lit-
igation. It was in this determination that
amicus curiae The Association of Trial
the [FDA’s] approval at the time the drug
such, New Jersey’s interest in applying its
The Facts
Jersey’s interest in the litigation and had
law to the controversy properly yielded to
600.2496(5). New Jersey law, in contrast,
guished the facts in this case from its pre-
The Dissent
against – and not full immunity from –
vious holding in Gantes v. Kason Corp.,
145 N.J. 478 (1996). Gantes involved a
Long joining, on the issue of which state’s
have affirmed the decision of the Appel-
Drug Administration (“FDA”) in 1982 for
tion with a drug . . . has been approved by
late Division. He wrote that Gantes,
the treatment of a severe type of acne.
the [FDA], a rebuttable presumption shall
although distinguishable from the present
Rowe filled the prescription at a Michigan
plaintiff from bringing a products liability
claim more than ten years after the prod-
emphasized New Jersey’s interest in pro-
moting the safe manufacture of goods. The Litigation And Appeal
had no such limitation. The Gantes Court
Judge Stern concluded that extensive reg-
tal interest analysis, found that Michigan
attempt, he received psychiatric treatment
law applied to plaintiff’s claim, and there-
interest, and noted that, under New Jersey
fore dismissed the lawsuit. The Appellate
of unsafe products. On the other hand, the
law, FDA approval is not sufficient, in and
Division reversed in a 2-1 decision, hold-
intent of Georgia’s statute of repose was
of itself, to preclude recovery in a failure-
corporation and has its principal place of
ing that New Jersey had the greater inter-
to protect Georgia’s insurance companies
est and that the plaintiff was entitled to a
and prevent stale claims from being heard
sey Products Liability Act precludes only
Laboratories also has its principal place
in its courts – two interests not implicated
punitive damages – not all damages.
New Jersey law. For this reason, the Rowe
Jersey’s interest in providing compensa-
Court concluded that Gantes did not con-
tion when the presumption of a warning’s
almost all of defendants’ sales activities
ity, while New Jersey’s law is intended to
trol its determination of the present case.
mount, and Michigan’s interest in protect-
Rowe Court found that New Jersey law
Benjamin E. Haglund is a Partner at Day Pitney LLP, where his practicefocuses on product liability disputes,shareholder/investor suits, and commer-
turer, and, moreover, would be contrary to
cial disputes. Marc D. Crowley is Coun-
New Jersey’s interest in seeing its own
sel to the firm. His practice focuses on
law applied. In a dissent, the third judge
products liability defense, general com-
Liability Act to establish that, absent some
mercial matters, and franchise litigation
that the Michigan law was not intended to
the claimant’s state’s law is more favor-
in the federal and state courts of New Jer-sey and New York. Amy Valentine
ers, and criticized the majority decision
dispositive in a failure-to-warn case. FDA
McClelland is an Associate at the firm,
approval of a prescription drug also pre-
decision should be to reduce the incentive
where her practice focuses on insuranceand reinsurance disputes and products
the Products Liability Act. The Court con-
Jersey as their desired forum for filing
cluded that New Jersey, in ceding some of
Please email the authors at [email protected], [email protected] or [email protected] with questions about this article.
A MESSIANIC BIBLE STUDY FROM ARIEL MINISTRIES Ariel Ministries Digital Press II. PURIM IN THE SCRIPTURES: ESTHER 9:17-32 .51. The Origin of the Feast: Esther 9:17-19 .52. The Letters of Mordecai: Esther 9:20-22.53. The Observance by the Jews: Esther 9:23-25.64. The Naming of the Feast: Esther 9:26a .65. The Observance of the Feast: Esther 9:26b-28 .66. The Letters of Mordecai an
Información Importante Sobre Medicamentos yAlimentos Del Centro Clínico Warren Grant Magnuson, Institutos Nacionales de SaludFuerza Operativa Sobre la Interacción de Medicamentos-Nutrientes Información importante que debe saber cuando esté tomando alguno de los siguientes medicamentos: Amiodarone (Cordarone,® Pacerone®) Lovastatin (Mevacor®)Buspirone (Buspar®) Nifedipine La tor