McGinnis v. C.R. Bard, Inc.

Case Updates

The court held that the products-liability defendant was entitled under North Carolina law to challenge liability and punitive damages with 510(k) evidence of the process that Congress and the FDA developed to ensure the safety and effectiveness of medical devices, but that such evidence is not admissible to challenge strict products liability under New Jersey law.

The U.S. Chamber refiled this coalition amicus brief that it had previously submitted to the New Jersey Appellate Division.

Daniel B. Rogers, Katherine G. Mastrucci, and Philip S. Goldberg of Shook, Hardy & Bacon L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

The New Jersey Supreme Court granted certiorari to consider whether the appellate court properly reversed a damages verdict from a trial that excluded evidence regarding the process Congress and the FDA developed to assure the safety and effectiveness of medical devices. The U.S. Chamber opposed certiorari.

The U.S. Chamber refiled this coalition amicus brief that it had previously submited to the New Jersey Appellate Division.

Daniel B. Rogers, Katherine G. Mastrucci, and Philip S. Goldberg of Shook, Hardy & Bacon L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.