Choice-of-Law Motion Rejected as Untimely in N.J. HRT Cases

NEW BRUNSWICK, N.J. - Defendants in three bellwether New Jersey HRT cases waited too long to assert that several different states' laws should be applied to the claims, a judge has ruled. Bailey v. Wyeth Inc., et al., No. MID-L-0999-06 (N.J. Super., Middlesex Cty.).

Middlesex County Superior Court Judge Jamie D. Happas said in a March 7 order that granting the motions to apply the laws of Texas, Michigan, Kentucky and Pennsylvania to the claims would result in prejudice to the plaintiffs because of the advanced stage of the proceedings.

The cases were filed on behalf of plaintiffs living in …