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February 2nd, 2016

Atlantic County Continues Climb out of Judicial Hellhole

Judge Nelson C. Johnson

As a former Judicial Hellhole, Atlantic County, New Jersey continues to show improvement with no-nonsense Judge Nelson Johnson presiding evenhandedly over the county’s mass tort docket.

Last week, reports Law360, Judge Johnson dismissed 31 cases against Hoffman-La Roche in connection with its acne medicine Accutane after the patients’ treating physicians said they would have prescribed the drug even if the label presented a stronger warning against side effects.

Judge Johnson’s order properly applies the Learned Intermediary Doctrine, which keeps treatment decisions in the hands of trained physicians and not those of plaintiffs’ lawyers, judges or juries after the fact.

Judge Johnson has continually removed non-meritorious cases after taking over the Accutane docket. This 31-case dismissal follows earlier dismissals of approximately 2,500 cases wherein warning labels were found adequate or plaintiffs’ experts were found inadequate.

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