Posts Tagged ‘Statute’

Cornett v. Johnson & Johnson Part I: Choice of law and statute of limitations

Tuesday, July 27th, 2010

Last Friday, the New Jersey Superior Court Appellate Division issued a decision filled chock-a-block with interesting rulings. Cornett v. Johnson & Johnson, 2010 WL 2867811 (N.J. Super. Ct. App. Div. July 23, 2010). Today we’ll discuss the part of the opinion that resolves the choice of law and statute of limitations issues raised by the appeal of Vonnie Cornett. Tomorrow we (read: Bexis) will analyze the rest of the opinion, which discusses (more…)

Hot Off The Presses – Statute of Repose Defense Win in Fen-Phen Appeal

Friday, August 28th, 2009

This is a Bexis only post. Herrmann represents Wyeth and doesn’t want to go on record on this.

We mentioned the Montgomery v. Wyeth case before, here. Well we’re pleased to report that the Sixth Circuit today affirmed the defense summary judgment in Montgomery, slip op. here. The moral of Montgomery is – be on the lookout for statutes of repose, they can be your friends.

That goes double (more…)

Abdullahi v. Pfizer and the Alien Tort Statute

Monday, March 16th, 2009

Is that title a mouthful, or what?
On January 30, the Second Circuit decided
Abdullahi v. Pfizer,
No. 05-4863-cv(L), 05-6768-cv(CON), slip op. (2d Cir. Jan. 30, 2009) (
). In a nutshell, plaintiffs pleaded that Pfizer, “working in partnership with the Nigerian government, failed to secure the informed consent” of children (or their guardians) who were enrolled in an allegedly dangerous clinical trial of the drug Trovan. The trial court (more…)