NJLRA Statement on NJ Supreme Court Decision in Kendall v. Roche
5-1 decision will allow case to proceed, despite concerns regarding statute of limitations, FDA’s approval
TRENTON, N.J. – Marcus Rayner, executive director of the New Jersey Lawsuit Reform Alliance, issued the following statement regarding the state Supreme Court’s decision in Kendall v. Roche:
“The New Jersey Supreme Court’s decision in Kendall v. Roche negatively impacts thousands of businesses across the state at time when we are trying to create jobs and recover from a severe economic downturn. The court’s disregard for New Jersey’s statute of limitations adds uncertainty in challenging times.
“By finding that the Federal Food and Drug Administration’s approval is inadequate, Roche and other product manufacturers can now be found liable for damages even if all steps to obtain the proper labeling were taken and approved. This adds great uncertainty to the business community and essentially adds enormous overhead costs to the development of critical and life-saving drugs.
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The New Jersey Lawsuit Reform Alliance (NJLRA) is a statewide, bipartisan group of businesses, individuals and organizations committed to improving the State’s civil justice system by advocating for legal reforms in the legislature and in the courts. NJLRA believes a balanced civil justice system is critical to ensuring fair and open courts, maintaining and attracting jobs and fostering economic growth in New Jersey. NJLRA is the only organization in New Jersey dedicated exclusively to civil justice reform.