Firm Scores Win in New Jersey High Court

August 15, 2012

Firm partner Peter C. 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 pre-empt state products liability claims against medical devices approved by the Food and Drug Administration.