$13 Million Accutane Case Remanded for Consideration of Tolling Issue

ATLANTIC CITY, N.J. - A New Jersey appeals court has remanded a $13 million Accutane case to state court for consideration of whether the plaintiffs' claims were untimely in light of the state high court's recent decision in Kendall v. Hoffman-La Roche. Sager, et al. v. Hoffman-La Roche Ltd., et al., Nos. A-3428-09T4, A-3702-09T4 and A-3427-09T4 (N.J. Super. Ct., App. Div.).

In a March 19 per curiam decision, the New Jersey Superior Court, Appellate Division, ordered the trial court to apply the New Jersey Product Liability Act's presumption of adequacy for FDA-approved warnings in determining whether the applicable statutes of …