News flash No. 1: Bad facts make bad law!
A few recent decisions, like Abramowitz v. Cephalon, Inc., 2006 WL 560639 (N.J. Super. L. March 3, 2006), might seem at first blush to indicate a trend among some courts to cast a more jaundiced eye on pharmaceutical failure-to-warn cases. A review of these decisions, however, reveals something all lawyers know: If the facts are against you (or you haven’t developed them well), you’re probably going to lose. It’s that simple and it always has been.
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