Previously published in LJN's Product Liability Law
& Strategy
New Jersey is home to many mass torts – asbestos, HRT,
Ortho evra, NuvaRing, Vioxx, Fosamax, Accutane, and Bextra/Celebrex
– to name a few. With plaintiffs filing numerous cases in
the Garden State, it is easy to fall into the mindset that New
Jersey is for plaintiffs. Do not get caught in that trap and become
complacent, filing rote motions and litigating on autopilot. With
the right strategy and tactics, New Jersey can be for defendants
too. Here are 10 tips for defending mass torts in New Jersey:
1. Stop a Mass Tort Before It Starts
Challenge the mass tort designation pursuant to Rule 4:38A. The
latter states, "[t]he Supreme Court may designate a case or
category of cases as a mass tort to receive centralized management
in accordance with criteria and procedures promulgated by the
Administrative Director of the Courts upon approval by the Court.
Promulgation of the criteria and procedures will
