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Another Summary Judgment Victory for Goldman Ismail—New Jersey Court Grants Defense Motions In Major Consolidated Litigation

January 2016

On January 14, 2016, the New Jersey State Court granted Bayer Healthcare’s motions for summary judgment on four bellwether plaintiffs’ claims as part of the Mirena New Jersey Consolidated Proceedings.  The Court ruled that these plaintiffs failed to timely file their lawsuits and rejected as ‘unavailing’ the plaintiffs’ arguments that their claims did not accrue until they received information explicitly stating that their Mirena migrated due to a defect in the product.  The Court dismissed their lawsuits because of this delay.  While the Court’s ruling related to four plaintiffs, hundreds of other plaintiffs in the New Jersey Consolidated Proceedings also delayed filing suit.  In the corresponding federal multi-district litigation for Mirena, more than a hundred cases have been dismissed as untimely.  Goldman Ismail Tomaselli Brennan & Baum is Lead Counsel for Bayer in the Mirena consolidated litigation, which includes thousands of cases nationwide.  Goldman Ismail partner Shayna Cook argued the motions to the Court. Goldman Ismail partner Brian O’Donoghue and associate Chris Cook assisted with the briefing.