A selection of the need-to-know civil justice news for the week of Oct. 18-24.
NJ Assembly OKs Limits On Consumer Fraud Fee-Shifting
Joshua Alston | Law360
A New Jersey General Assembly committee on Thursday advanced legislation to eliminate the award of attorneys’ fees and court costs in certain Consumer Fraud Act cases, a bill designed to end penalties for technical violations of the law made in good faith.
NJ Committee Votes to Remove Consumer Laws’ Fee Requirement
Hugh R. Morley | The Record
An Assembly committee approved a bill Thursday that would end a current requirement that companies automatically pay attorney and other fees if a court finds they violated the state Consumer Fraud Act.
N.J.’s Consumer Protection Law Needs Reform
Tiger Joyce | New Jersey Law Journal
Like many states’ consumer protection laws, New Jersey’s well-intentioned Consumer Fraud Act (CFA) traces its origins to the 1960s. But since then, the CFA has been so distorted and contorted by legislative amendments and judicial interpretations that it is now just as likely to be used to boost trial lawyers’ bank accounts as it is to compensate truly defrauded consumers.
Justices Mull Doctors’ Duty to Disclose Med Mal Coverage
Michael Booth | New Jersey Law Journal
The New Jersey Supreme Court has agreed to consider whether a doctor can be sued for not disclosing that he didn’t have malpractice insurance for the procedure he was performing, and if a medical office the doctor used can also be on the hook for not making sure he had coverage.
Johnson & Johnson Wins First Pinnacle Hip Implant Trial
Jef Feeley | Bloomberg Businessweek
A Johnson & Johnson unit’s design of a metal-on-metal version of its Pinnacle hip implants isn’t defective, a Dallas jury concluded, ruling against a woman who said the devices poisoned her in the first case of its kind to go to trial.
Avandia User’s Warranty Violation Suit Flops In 3rd Circ.
Michael Lipkin | Law360
The Third Circuit on Tuesday refused to revive a putative class action accusing GlaxoSmithKline PLC of violating the warranty on its diabetes drug Avandia, ruling a label declaring the drug “safe and effective” was not enough to create a warranty under New Jersey law.
‘Goodfellas’ Actor Sues Fox Over ‘Simpsons’ Mob Character
Mike Ayers | Wall Street Journal
Fox has been slapped with a $250 million lawsuit over a mob character on “The Simpsons.”
Victorino Matus | Wall Street Journal
Is Tito’s Handmade Vodka really handmade? Would it taste any less good if it weren’t anymore?
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