Supreme Court of New Jersey
Robert Rowe, Plaintiff-Respondent v. Hoffman-La Roche, Inc., and Roche Laboratories, a Member of the Roche Group…
March 29, 2007189 N.J. 615
Summary
The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court’s dismissal of Rowe’s failure‑to‑warn product‑liability claim, holding that Michigan’s conclusive presumption of adequacy for FDA‑approved drugs outweighs New Jersey’s rebuttable presumption. The Court applied the governmental‑interest choice‑of‑law analysis and found Michigan’s interest in drug availability to be paramount. Justice STERN dissented, arguing that New Jersey’s interest in deterring unsafe products should prevail.