Novartis Can't Apply NJ Punitives Cap In 3 Zometa Suits

Law360, New York (November 26, 2013, 1:54 PM EST) -- Pennsylvania product liability law permitting unlimited punitive damages controls three suits alleging Novartis Pharmaceuticals Corp.'s bone drug Zometa caused jaw injuries, a federal judge said Friday, denying the drugmaker's attempt to apply softer New Jersey law.

U.S. District Judge Mark. R. Hornak applied Pennsylvania law to the suits despite arguments from Novartis that New Jersey, home to its U.S. headquarters, bore the more significant relationship to the punitive damages issue as the site of the alleged corporate misconduct.

The ruling effectively removes a punitive-damages cap of $350,000 or five times the compensatory award, whichever is greater, afforded by the New Jersey...

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