NJ Appeals Court Revives 2K Cases In Accutane Litigation
Law360, Clifton, N.J. (July 28, 2017, 11:40 AM EDT) -- A New Jersey state appeals court on Friday revived more than 2,000 cases in consolidated litigation alleging that Hoffmann-La Roche Ltd.'s acne medication Accutane caused consumers to develop Crohn's disease, saying a trial court improperly barred testimony from plaintiffs' experts.
In a published opinion, the three-judge appellate panel reversed the lower court's 2015 rulings to bar the testimony and later dismiss the claims with prejudice, finding that the court "went beyond its gatekeeping function" at a so-called Kemp hearing and improperly assessed the experts' credibility — an issue the panel said a jury should decide.
"The trial court took too narrow...
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