New Jersey High Court Win for Medical Device Client
In August 2012, firm partner Peter Harvey obtained a significant win for a medical device company when the New Jersey Supreme Court ruled that products liability claims against our client were either time-barred or pre-empted. The court held that a person exercising reasonable diligence should have discovered within the statute of limitations that the product at issue caused the claimed injury. The court also said Congress meant for federal law to preempt state products liability claims against medical devices approved by the U.S. Food and Drug Administration. The ruling was a major victory for the firm’s client in a suit brought under state consumer protection statute.
For more details, please read the article linked here.