· 11/11/1958
Babouris v. Murff
Citations
- 175 F. Supp. 503
- 1958 U.S. Dist. LEXIS 3227
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the substantive law of each plaintiffs home state would apply to their respective claims pursuant to New Jersey’s choice-of-law rules
- “Parties seeking to have the law of a single jurisdiction applied to a nationwide class must assess the laws of all interested jurisdictions, not just the one of their choosing.”
- ‘‘[T]here are conflicts between the law of New Jersey and the laws of the other fifty jurisdictions in regard to negligence, strict liability, failure to warn, learned intermediary, and defective design.”
- “The applicability of multiple substantive laws also precludes a finding of typicality.”
- “Vioxx was advertised in, marketed in, shipped into, prescribed in, sold in, ingested in, and allegedly caused harm in fifty-one jurisdictions. Merck’s conduct may have originated in New Jersey, but it was effectuated and felt by every plaintiff in their own home jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bicks
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