McCarter partners Edward Fanning and David Kott represent amici curiae the Health Care Institute of New Jersey, the New Jersey Business and Industry Association and the New Jersey State Chamber of Commerce with respect to In re: Accutane, which is currently before the New Jersey Supreme Court. There are two central issues in this litigation: (1) the “presumption of adequacy” of warning labels approved by the Food & Drug Administration (FDA), and (2) the application of the Daubert standard to expert testimony in New Jersey state courts. Later this year, Mr. Fanning will argue before the Court that the FDA process is sufficiently rigorous and that the State of New Jersey should conform to the widely accepted Daubert standard.
1.1.2018