When an appellate court remands a case to a lower court, it issues a mandate an order directing the lower court to take some specified action. Case law is clear that the mandate must be followed to the letter. Here's what to do if a lower court does not do just that.
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The New Jersey Appellate Division has released a ruling categorically allowing evidence on FDA 510(k) clearance in medical device cases, reversing for new trials in two cases where that evidence was excluded. The court held that “evidence of such authorization does have probative value in evaluating the company s design and sale of the devices.”
“Although several courts in other jurisdictions have chosen in their discretion to exclude such 510(k) evidence from jury trials involving the design and safety of mesh devices, we adopt the approach of other courts that have deemed such proof admissible with appropriate limiting instructions,” the decision states. “We are persuaded there is sufficient probative value of such evidence under N.J.R.E. 401 to justify informing the jurors, without extensive elaboration, that the products were reviewed by the FDA under the 510(k) clearance process before defendants sales in
N Y Appellate Division Upholds Order that Employer Must Reimburse Injured Worker for Marijuana claimsjournal.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from claimsjournal.com Daily Mail and Mail on Sunday newspapers.
Once again, but not surprisingly, an arbitration agreement conveyed by an employer and confirmed by an employee via email has been upheld by the New Jersey courts. Jasicki v. Morgan Stanley Smith Barney LLC
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Good Wednesday morning!
Who could have possibly seen this coming?
Committee Chair state Sen. Nicholas Scutari (D -Union) pulled the cannabis bill from the Senate Judiciary
committee at the last minute yesterday, a signal that the Legislature and Murphy administration still can’t agree over penalties for underage possession of cannabis.