KENDALL v. HOFFMAN-LA ROCHE, INC.

No. A-73 September Term 2010 066802.

36 A.3d 541 (2012)

209 N.J. 173

Kamie S. KENDALL, Plaintiff-Respondent, v. HOFFMAN-LA ROCHE, INC., Roche Laboratories, Inc., F. Hoffman-La Roche Ltd., and Roche Holding Ltd., Defendants-Appellants.

Supreme Court of New Jersey.

Decided February 27, 2012.


Attorney(s) appearing for the Case

Paul W. Schmidt , a member of the District of Columbia bar, argued the cause for appellants (Gibbons, Dughi & Hewit, and Covington & Burling , attorneys; Mr. Schmidt , Michelle M. Bufano , Russell L. Hewit , Cranford, and Michael X. Imbroscio , a member of the District of Columbia bar, of counsel; Mr. Schmidt , Ms. Bufano , Mr. Hewit , Mr. Imbroscio and Natalie H. Mantell , Newark, on the briefs).

David R. Buchanan argued the cause for respondent ( Seeger Weiss and Hook & Bolton, attorneys; Mr. Buchanan and Michael D. Hook , a member of the Florida bar, on the briefs).

John Zen Jackson , Morristown, submitted a brief on behalf of amicus curiae The Medical Society of New Jersey (McElroy, Deutsch, Mulvaney & Carpenter, attorneys).

Michael A. Galpern , Cherry Hill, and Jonathan W. Miller submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Locks Law Firm, attorneys).

Stephen C. Matthews submitted a brief on behalf of amici curiae The New Jersey Business and Industry Association, The New Jersey State Chamber of Commerce, and The Commerce and Industry Association of New Jersey (Porzio, Bromberg & Newman, attorneys; Mr. Matthews and Brian P. Sharkey , Morristown, on the brief).

Edward J. Fanning, Jr. submitted a brief on behalf of amici curiae The New Jersey Lawsuit Reform Alliance and The Healthcare Institute of New Jersey (McCarter & English, attorneys; Mr. Fanning and David R. Kott of counsel; Mr. Fanning , Mr. Kott and Maritza Braswell , Newark, on the brief).


Justice LONG delivered the opinion of the Court.

On December 21, 2005, plaintiff Kamie Kendall filed suit against Hoffman-LaRoche, Inc., Roche Laboratories, Inc., F. Hoffman-LaRoche Ltd., and Roche Holding, Ltd. (defendants), for injuries that allegedly resulted from her use of Accutane, a drug produced and marketed by defendants. Defendants moved to dismiss the action as untimely. The trial judge conducted a Lopez hearing1 and...

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