The New Jersey Civil Justice Institute has filed a friend of the court brief in a long-running case over the acne medicine Accutane. This is actually the second amicus brief NJCJI has filed in this case, the first having been filed in 2009. At issue this time around, is which statute of limitations should apply in this case, New Jersey’s or that of the state whose other substantive law will be applied in the case, Alabama. Which state’s law the New Jersey Supreme Court chooses to apply will determine whether this case moves forward or is dismissed as untimely, and will provide further guidance on how courts should handle statute of limitations questions in choice of law situations going forward.
Click to read the brief in the NJCJI’s March newsletter: McCarrell v. Hoffmann-La Roche Inc. and Roche Laboratories Inc.