McGinnis v. C.R. Bard, Inc.

New Jersey Supreme Court

Tab Group

Petition Stage

U.S. Chamber supports appellate court’s order reversing damages verdict, where trial court excluded evidence regarding the process that Congress and the FDA developed to ensure the safety and effectiveness of medical devices

November 17, 2021

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.

Certiorari granted

October 19, 2021

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.

U.S. Chamber opposes petition for certiorari to reconsider appellate order reversing damages verdict where the trial court excluded evidence regarding the process Congress and the FDA developed to ensure the safety and effectiveness of medical devices

April 8, 2021

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.

Case Documents

U.S. Chamber Amicus Brief, 4.8.21 -- McGinnis v. C.R. Bard, Inc. (New Jersey Supreme Court).pdf

Order Granting Cert. -- McGinnis v. C.R. Bard, Inc. (New Jersey Supreme Court).pdf

U.S. Chamber Amicus Brief, 11.17.21 -- McGinnis v. C.R. Bard, Inc. (New Jersey Supreme Court).pdf