Main Street at Woolwich, LLC v. Ammons Supermarket, Inc., ___ N.J. Super. ___ (App.  Div. 2017).  The Noerr-Pennington doctrine, which originated in two cases from the Supreme Court of the United States, holds that those who “petition the government [for] redress are generally immune from antitrust liability when defending against antitrust claims predicated on this petitioning activity.”  The immunity was thereafter expanded to cove

In re Accutane Litig., 2017 WL 3138003 (App. Div. July 25, 2017).  [Disclosure:  I argued for the successful plaintiffs in one of these two consolidated appeals, the one that involved the NJPLA.]  The New Jersey Product Liability Act, N.J.S.A. 2A:58C-4 (“NJPLA”), creates a presumption, which the Supreme Court has labeled a “virtually dispositive” “super-presumption,” that a manufacturer’s warning regarding a drug is adequate if that warning has been approved by the federal Food and Drug Administration.  The Supreme Court and the Appella

Capital Health System, Inc. v. Horizon Healthcare Services, Inc., ___ N.J. ___ (2017).  These two consolidated cases involved rulings on discovery disputes, a subject that rarely reaches the Supreme Court.  Four Justices did not participate, so the Court deciding this case consisted of Chief Justice Rabner, Justices LaVecchia and Albin, and Judges Fuentes and Fisher.  Judge Fisher wrote the opinion of the Court.

Defendant Horizon is New Je