Punitive Damage Claims Kept Alive In NuvaRing Bellwethers
Law360, New York (May 3, 2013, 7:04 PM EDT) -- A New Jersey state judge on Friday refused to strike down claims for punitive damages in nine bellwether cases over injuries allegedly caused by a Merck & Co. Inc. subsidiary's NuvaRing contraceptive, ruling that the laws of the individual states could allow the awards.
Rejecting Merck and Organon USA Inc.'s motion for summary judgment, Judge Brian R. Martinotti emphasized that the alleged injuries took place in separate states, each of which have an interest in governing punitive damages.
The pharmaceutical companies had argued that the New Jersey Product Liability Act excluding punitive damages in prescription drug litigation applies to all of the...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!