Orders 18 to 34

EPSTEIN ARLEN, LLC A New Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600

FILED BAILEY PERRIN BAILEY

DEC 16 2011 1440 Louisiana Street. Suite2I00 Houston, Texas 77002 JUDGE JESSICA R. MAYf./l(713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, Plaintiff,

vs.

JOHNSON & JOHNSON COMPANY, JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN PHARMACEUTICA, L.P., aIkIa JANSSEN PHARMACEUTICA, INC.,

Defendants.

:

..

: : : :

:

:

SUPERIOR COURT OF NEW JERSEY LAWDMSION MIDDLESEX COUNrY

CIVIL ACTION

CASE CODE 274 (RisperdaJlSeroquellZyprexa Litigation)

DOCKET NO. MID-L-6820-06(MT)

(W'CWSFRJ ORDER

TIDS MATTER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having 11:1 j xII considered the

moving papers.~opposition papers, 2Pr "p'g fl,I., I" lin wguthCfiS ofcowael. and good

causehaving been shown;

IT IS on this lVtf.\ day of hu 1.-.1 IPJ ,2011,

ORDERED that Plaintiffs Omnibus Motion in Limine to Exclude Evidence at Trial,

and/or for a limiting instruction, regarding Motions to exclude or limine is hereby granted;-t I"id II,..- I\ "-f

IT IS FURTHER ORDERED that a copy of this Order shall be ~f\>eEI ltjlon

18. Plaintiff's motion in limine to bar Defendants from mentioning motions to exclude or in limine.

Defendants agree. Neither party shall mention motions to exclude or motions in limine filed in this case at trial. Therefore, this motion is GRANTED.

EPSTEIN ARLEN, LLC A Nt!MI Jersey LimitedLiability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600 F\lEO BAILEY PERRIN BAILEY m:C 16 2U'" 440 Louisiana Street, Suite 2100 JIIllGf JESS\C~ R. ",,~'ltRHouston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, Plaintiff,

vs.

JOHNSON & JOHNSON COMPANY, JANSSEN PHARMACEUTICA PRODUCTS, L.P. alicia JANSSEN, L.P., alicia JANSSEN PHARMACEUTICA, L.P., alicia JANSSEN PHARMACEUTICA, INC.,

Defendants. · ·

:

·

SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY

CIVIL ACTION

CASE CODE 274 (Risperdal/SeroqueVZyprexa Litigation)


II n"" 88fJ8' ORDER

THIS MAlTER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having bs" t considered the

moving papers, .,.,apposition papers, °r9' 'SP!" ,spry anA the s D , fa \ and good

cause having been shown;

IT IS on this lvfI<. dayof D(u'll ~!/ ,2011,


and/or for a limiting instruction, regarding product labeling and other evidence of drugs other

dc"'II'J J-than Risperdal taken by Plaintiff is hereby gtli1lled; )

)"ilA fA. L...: IT IS FURTHER ORDERED that a copy of this Order shall be 'serveii upon

DerendUDlS' CUlinseI within seven (7) days of the date ofthis Order.

OPPOSED

This motion was:

./ Opposed

__ Unopposed

2

19. Plaintiff's motion in limine to bar Defendants from mentioning product labeling and other evidence of drugs other than Risperdal® taken by Plaintiff.

Plaintiffs use of other drugs, specifically other antipsychotic medications, may have contributed to the development of Plaintiff s diabetes. Plaintiff also mayor may not have read product labeling regarding other drugs. Therefore, the court must await the trial testimony to determine the relevancy of such testimony by either party based upon the issue for which such testimony is presented. Therefore, this motion is DENIED.

EPSTEIN ARLEN, LLC A New Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600 FILED

BAILEY PERRIN BAILEY flEC 16 2011· 440 Louisiana Street, Suite 2100 JUDGE JESSICA R. MAVfllHouston. Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION

MIDDLESEX COUNTY vs.

JOHNSON & JOHNSON COMPANY, ; CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., alk/a JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., alk/a JANSSEN (RisperdallSeroquellZyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID-L-6820-06(MT)

IllR9P8liHRJ ORDER

THIS MATfER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen. attorneys for Plaintiff Gary Skala; the Court having hsd ppd considered the

~~~~;ry,,_l.fr,_Il!l'II "'_!Il!III, and good moving papers,~ opposition papers, SRI' T1lpll ' papers ad &s S'8" I t sf eo


IT IS on this lVf1. day of Dhi'" I)t/ ,2011,

ORDERED that Plaintiff's Omnibus Motion in Limine to Exclude Evidence at Trial,

and/or for a limiting instruction. any reference to how, when. or under what circumstances

Plaintiff chose or employed any of his attorneys, the name of any other lawyer retained or

consulted by Plaintiff, whether or not such lawyers were the original attorneys of record and

1

whether or not such lawyers or any other lawyer referred Plaintiffs case to the undersigned

counsel is hereby granted; -if. I" ,r) c.< 1.-«.

IT IS FURTHER ORDERED that a copy of this Order shall be sen'ed Qj!8n

Defefldants' counsel-within seven (7) days of the date ofthis Order.

OPPOSED I.S.C.

This motion was:

l,. ~ '~Nn",}>J f,; J")/,l"tJA,/ Opposed -r,,( t·/h~' VI J -I

__ Unopposed rf the 1lA' tL~ J", ·tH p,:f/n ".1 +0"'- ft\.;' ~'ti! '.,/.-1 ~ )~t ftv~ 1"1

-tkl "ft'LivJ fW ..... OA"'j ,-tot

2

20. Plaintiff's motion in limine to bar Defendants from any reference to how, when, or under what circumstances Plaintiff chose or employed any of his attorneys, the name of any other lawyer retained or consulted by Plaintiff, whether or not such lawyers were the original attorneys of record and whether or not such lawyers or any other lawyer referred Plaintiffs case to the undersigned counsel.

Defendants agree they will not introduce such evidence provided Plaintiff agrees not to explore the circumstances regarding Defendants' retainer of their counsel. Neither party shall make any such references at trial. Therefore, this motion is GRANTED.


BAILEY PERRIN BAll..EY FILED 440 Louisiana Street, Suite 2100 Houston, Texas 77002 DEC 16 2011 (713) 425-7100 Telephone ·fUDGE JESSICA R. MAm Attorneys for Plaintiff


: MIDDLESEX COUNTY vs,

: JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. alk/a JANSSEN, L.P., alk/a JANSSEN CASE CODE 274 PHARMACEUTICA, LoP.,alk/aJANSSEN : (RisperdallSeroquel/Zyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID-L-682o-06(M1) .

fPIl8f88nlSJ ORDER

THIS MAITER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having k tJ considered the d

moving papers, iiIiltopposition papers, apr ESP')' peps; and Itasi8'PW? she 01; and good $

causehaving been shown;

IT IS on this l~ti'l day ofJ t ({'1<lK.i ,201I,


and/or for a limiting instruction, any reference suggesting or in any way reflecting the financial

status or resources of any of Plaintiff's attorneys or their law firms, or any of those attorneys'

*"other businesses or cases is hereby granted;

1

("1") M hJ2 IT IS FURTHER ORDERED that a copy of this Order shall be SeP'Cd IIjl'On

DetelidillitS'eounsel within seven (7) days of the date of this Order.

OPPOSED

1bis motion was:

~Opposed

__ Unopposed

2

21. Plaintiff's motion in limine to bar Defendants from any reference suggesting or in any way reflecting the financial status or resources of Plaintiff's attorneys or their law firms, or any of those attorneys' other businesses or cases.

Defendants agree they will not introduce such evidence provided Plaintiff agrees not to make such suggestions or references with regard to Defendants. Neither party shall makc any such references at trial. Therefore, this motion is GR.<\NTED.


DEC 1 6 20111BAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 JUDGE JESSICA R. MA\fBl Houston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, . LAW DIVISION

MIDDLESEX COUN1Y vs.

: JOHNSON & JOHNSON COMPANY, : CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. alicia JANSSEN, L.P., aliciaJANSSEN CASE CODE 274 PHARMACEUTICA, L.P., aliciaJANSSEN (RisperdallSeroquellZyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID-L-6820-06(M1)

: (I R8P8lJ~D] ORDER

THIS MA'ITER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having bs d d considered the

moving papers, ...opposition papers, OOf 'Sf:lr pop ii; F d II g $r if I; and good


IT IS on this l~f1, dayof D/L~",b(/ ,2011,


and/or for a limiting instruction, any indication that Defendants may have to pay a judgment

entered in this case, that Defendants may have limited policy limits or cash, or the effect or

results of such judgment upon Defendants' insurance rates, premiums, finances, or ability to

compete in the marketplace is hereby granted;.k

) .,-If.( """ L.-..<.. IT IS FURTHER ORDERED that a copy of this Order shall be lS4lfYetI upon

Defc!ndllnts' counsel within seven (7) days ofthe date of this Order.

OPPOSED /L{~~AR MA R, I.S.C.

This motion was:

~Opposed

__ Unopposed

2

22. Plaintiff's motion in limine to bar Defendants from indicating that Defendants may have to pay a judgment in this case, that Defendants have limited policy limits or cash, or the erred or results of such judgment upon Defendants' insurance rates, premiums, or finances or the ability of Defendants to compete in the market place.

Defendants agree not to introduce such evidence at trial unless Plaintiff "opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened thc door." Therefore, this motion is GRANTED.

EPSTEIN ARLEN, LLC A New Jersey Limited Liability Corporation 220 Davidson Avenue, Suire 102 Somerset, New Jersey 08873 Tel. (732) 828-8600

BAILEY PERRIN BAILEY FILED 440 Louisiana Street, Suite 2100 Houston, Texas 77002 DEC 1f\ 2011 i

(713) 425-7100 Telephone JUDGE JESSICA R. MAYfJi Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, LAWDNISION

MIDDLESEX COUNTY vs. :

JOHNSON & JOHNSON COMPANY, : CNILACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN : CASE CODE 274 PHARMACEUTICA, L.P., aIkIa JANSSEN (Risperdal/SeroqueIlZyprexa Litigation) PHARMACEUTICA, INC., :

Defendants. DOCKET NO. MID-L-6820-06(MI)

: (IIMQi'OSFR) ORDER :

TIllS MAITER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having b ad I considered the

moving papers,.aIijl,opposition papers, _, 1I,Iy papew apd the UWIMnt If II ii, and good


IT IS on this ~",[11 day of 12" d \<.\~W ,2011,


andlor for a limiting instruction, any suggestion that any recovery Plaintiff may receive in this

case in the way of damages awarded by a jury verdict, be subject to prejudgment interest or

judgment interest is hereby granted; ...

I

I) ,-..j/J v. I. '<-Z IT IS FURTHER ORDERED that a copy of this Order shall be SChOO upOa

Defendaats' eesasel within seven (7) days of the date of this Order.

OPPOSED (\----f U4 "/!'1clt--4_ ~CA R MAtYER, J.S.C.

This motion was:

/ Opposed

__ Unopposed

2

23. Plaintiff's motion in /imine to bar Defendants from suggesting that any recovery that Plaintiff may receive in this case in the way of damages awarded by a jury verdict would be subject to prejudgment interest or judgment interest.

Defendants agree they will not introduce such evidence at trial unless Plaintiff "opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened the door." Therefore, this motion is GRANTED.


BAILEY PERRIN BAILEY DEC 1 6 2011 440 Louisiana Street, Suite 2100 JUDGE JESSICA R. MAYERHouston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARYSKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, . LAW DIVISION

. MIDDLESEX COUNTY vs.

JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. a/kJa JANSSEN, L.P., a!'6Ja JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., a/kIa JANSSEN (RisperdallSeroquel/Zyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID-L-6820-06(Mf) : : tpR8P861Dj ORDER

THIS MATTER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having III J considered the d

moving papers,~ opposition papers, &) pi; papciS, j j e g , f


L "-IIT IS on this v" , 2011,


and/or for a limiting instruction, Plaintiff's fee arrangement and who is paying expenses, or is

responsible for expenses, in connection with this litigation is hereby granted~ P"t',( (", l-"-f

IT IS FURTHER ORDERED that a copy of this Order shall be sand upon

1

DefeaElIIIffiI' tlllllmCI'WIthin seven (7) daysof the date ofthisOrder.

OPPOSED ~~ :ssICA R. M1iEV: i.s.c.

This motion was:

/' Opposed

TI,r f-I h". ~'OVlo')i i,,"~/.ctl'J p J,'t>' ~i"'1 __Unopposed

"IJ-I'< 11.H~'V\ ,~ .;" h!Y-iJ f.,,"t~c/

t~" ,'f" ,.,,' '" Pt ~~" H~ i'1 tJ-< dkv!J,/

2

24. Plaintiff's motion in limine to bar Defendants from referring to Plaintiff's fee arrangement and who is paying expenses, or is responsible for expenses, in connection with this litigation.

Defendants agree they will not seek to introduce such evidence at trial provided Plaintiff agrees not to make such suggestions or references with regard to Defendants. Neither party shall make any such references at trial. Therefore, this motion is GRANTED.


DEC 16 20111BAll.EY PERRIN BAILEY 440 Louisiana Street, Suite 2100 JUDGE JESSICA R. AfA'trfa Houston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, : LAW DIVISION


JOHNSON & JOHNSON COMPANY, : CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, . L.P. s/kJa JANSSEN, L.P., a!kIaJANSSEN CASE CODE 274 PHARMACEUTICA, L.P., a!kIa JANSSEN (RisperdallSeroqueVZyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MlD-L-6820-06(MT) :

(fft8P881iD] ORDER

THIS MATIER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having I a J j considered the

moving papers, .. opposition papers, WI) .,'r pepew; t j Ike wpm sis If ran nth and good


IT IS on this Lli,riI day of 0" u ''117t~ , 2011,


andlor for a limiting instruction, any suggestion that ifDefendants are made to pay a judgment in

this case or other RisperdaJ or second generation antipsychotic product liability litigation cases, it

may negatively affect the New Jersey economy or prompt or cause layoffs is hereby granted;i'"

I

~ ",td .."" '{'IT IS FURTHER ORDERED that a copy of this Order shall been,eji '1pQn

Def'>JY'm~' couasel within seven (7) days of the date of this Order.

OPPOSED

This motion was:

/ Opposed

__ Unopposed

2

25. Plaintiff's motion in limine to bar Defendants from suggesting that if Defendants are made to pay a judgment in this case or other Risperdal® or second generation antipsychotic product liability cases, it may negatively affect the New Jersey economy or prompt or cause layoffs.

Defendants agree they will not introduce such evidence at trial unless Plaintiff"opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened the door." Therefore, this motion is GRANTED.

EPSTEIN ARLEN, LLC A NIM Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600

F\\.EO BAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 DEC 16 10" Houston, Texas 77002

.iUDGf. jESS\C~ 1I.1M'lfJI(713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, · SUPERIOR COURT OF NEW JERSEY Plaintiff, · · ·

LAW DIVISION MIDDLESEX COUNTY

vs,

JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTlCA PRODUCTS, L.P. a/kJa JANSSEN, L.P., a/kJa JANSSEN · · CASE CODE 274 PHARMACEUTlCA, L.P., a/kJa JANSSEN (Risperdal/SeroqueVZyprexa Litigation) PHARMACEUTlCA, INC.,

Defendants. · · · · ·

DOCKET NO. MID-L-6820-06(M1)

(l'RiPiliIiBt ORDER


Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having-ll...__Ill' considered the

moving papers, ~ opposition papers, par "plr I 11110 9 I f pusm! and good


IT IS on this LCI" dayof Deu,,,»tJ ,2011,


and/or for a limiting instruction, any comment or personal anecdote from any witness or lawyer

for the Defendants about themselves, or family members who have used Risperdal is hereby

granted; ,'* I

,jJ J , ....... [ ..... .1)I • '1~ v~

IT IS FURTHER ORDERED that a copy of this Order shall be _ led upOn

Defendants' coausel within seven (7) days of the date of this Order.

OPPOSED

This motion was:

./ Opposed '11" ;J4,t,/1 kV"'j i''1P'AyA ~ ,L(.;.~tvt __ Unopposed , i. i'·'. I\~f-UJ f'.11{ IlVIt- 'f! '- 11.<, 1""'- J", '"

I" 1''1\ \"\.#-(.11\ ;: /.f\, ) ,:" ':> 'Ie' t l'

,,; itA (h.;,) IIiJ :"l':v, .'J1/"'1.,

2

26. Plaintiff's motion in limine to bar Defendants from any comment or personal anecdote from any witness or lawyer for the Defendants about themselves, or family members who have used Risperdal®.

Defendants agree not to introduce such evidence at trial unless Plaintiff"opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened the door." Therefore, this motion is GRANTED.

0. 1'1


BAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 Houston, Texas 77002 (713) 425·7100 Telephone Attorneys for Plaintiff

FILED

DEC 16 20111 JUDGE JESSICA R. MA¥£B


: MIDDLESEX COUNTY vs. :

JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., a/kIaJANSSEN (Risperdal/Seroquel/Zyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID·L-6820.06(M1)

fM8P88MB] ORDER

THIS MAITER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having I • I d considered the

d.. g.". imoving papers,~ opposition papers, ."~'''i",.p(MI,.)!"PII!P_~ll!\o'l!lRol._""""__"I, and good


IT IS on this \ l, rt" day of ()p cr' .. W ,2011,


and/or for a limiting instruction, any comment or reference to "good deeds" carried out by

Janssen is hereby granted; :f 0.,v~ ?_ b'-Z

IT IS FURTHER ORDERED that a copy of this Order shall be s~n

1

Defendants' wtIftBlIl within seven (7) days of the date ofthis Order.

OPPOSED

This motion was:

LOpposed

__ Unopposed

2

27. Plaintiff's motion in limine to bar Defendants from any comment or reference to "good deeds" carried out by Janssen.

The court finds that such testimony would be presented for the purpose of demonstrating the eleemosynary aspects of Defendants' operations. The testimony is not relevant to the compensatory damages sought in this case. The testimony might be relevant to the issue of punitive damages; however, based upon the court's ruling barring Plaintiffs request for punitive damages, the court need not consider allowing such testimony. Therefore, the motion is GRANTED.

EPSTEIN ARLEN, LLC A NItW Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600

FILED BAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 DEC 16 2011 Houston. Texas 77002 JUDGE JESSICA R. MA'rFR(713) 425-7100 Telephone Attorneys for Plaintiff


: MIDDLESEX COUNTY vs. :

: JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN : CASE CODE 274 PHARMACEUTICA, L.P., aIkIa JANSSEN (RisperdallSeroquellZyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. : DOCKET NO. MID-L-6820-06(MT) :

[M8PQSFllj ORDER


Epstein Arlen. attorneys for Plaintiff Gary Skala; the Court having l:ewd wei considered the

moving papers, ..-opposition papers, J I 'J I I • II g a nh sf ?PJJrsel and good


IT IS on this llt" dayof O,UW11y../ ,2011,


and/or for a limiting instruction. any comment or inference that bolsters the unchallenged

character (e.g., honest) or traits (e.g., generous) of the Defendants' current or former employees,

k""J'kmanagers, consultants, experts, agents, or fiduciaries is hereby giaatelt, J

I

· ~>1(~ (~ ~t.<IT IS FURTHER ORDERED that a copy of this Order shall be"_ epen

DefWf&iIils eu~el within seven (7) days ofthe dateof this Order.

OPPOSED

This motion was:

/ Opposed (i'1..Jt...·pA-* Thc I" fit I ~'V("\ __ Unopposed

V ,LJj,i.h" ~ +~ "

ItA , h'''' t'vl

~v ·Hi ti (;. >110 \tl", I' )({) "1~\ .'

'WWI tv./Itlvl.M •n", kfi7; ,L'~1"1!Jet ~~\

2

28. Plaintiff's motion in limine to bar Defendants from any comment or inference that bolsters the unchallenged character (e.g., honest) or traits (e.g. generous) of Defendants' current or former employees, managers, consultants, experts, agents, or fiduciaries.

This motion is vague and overly broad. The court must await the trial testimony to determine the relevancy of such testimony. If Plaintiff attacks the credibility or character of a defense witness, then such testimony may be permitted. Therefore, this motion is DENIED.


FILEDBAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 DEC 16 2011Houston, Texas 77002 (713) 425-7100 Telephone JUDGE JESSICA R. MAml Attorneys for Plaintiff

GARYSKALA, : SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION


: JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., a/kIa JANSSEN : (Risperdal!Seroquel/Zyprexa Litigation) PHARMACEUTICA, INC., :


Ii R61881!.D) ORDER :

THIS MATTER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having I • j ad considered the

J lire mgmoslS of 00_1, and good moving papers,~ opposition papers, ollUIiI!!,.[TllispIP'ljrotpIIIStll'"'-~-II'l!:I-_._-

cause baving been shown;

IT IS on this Ii./V, day of D,c"~W ,2011,


and/or for a limiting instruction, any comment or suggestion that Defendants should not be

exposed to fifty-one separate tort-law regimes is hereby granted; *" ? ,r-) '1 I'e(

IT IS FURTHER ORDERED that a copy of this Order shall be sePicd upon

~ """"" within seven (1)'""" .....of~~

OPPOSED SSICA R. MA R, J.S.C.

Thismotion was:

~/ Opposed ~ 1\ '\01'1 i·'.Y",¥,( f> ,{,J(,.;,LV\.·The r",,(1 v", J . __ Unopposed

utt''<. /IV ~ 'h ,"" ~ v" fY"' '> k'\') {)J ,Lu '. 0 +H,Jv)

'1~' t(\),,,-~ ',ct TtV)"" \0'\ 'tH' ~I\",

Mi'" OrA" ·I()~\<.

2

29. Plaintiff's motion in limine to bar Defendants from any comment or suggestion that Defendants should not be exposed to fifty-one separate tort-law regimes.

Defendants agree not to introduce such evidence at trial unless Plaintiff "opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened the door." Therefore, this motion is GRANTED.


BAILEY PERRIN BAILEY FILED 440 Louisiana Street, Suite 2100 Houston, Texas 77002 DEC 16 20\1 1

(713) 425·7100 Telephone .jUDGEJESSICA R. MMQAttorneys for Plaintiff



. JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. alkJa JANSSEN, L.P., alkJa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., alkJa JANSSEN ; (RisperdaIlSeroquel'Zyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. ; DOCKET NO. MID-L-6820-06(MT) ;

(l'P 8P88il8J ORDER ;

THIS MATTER having been brought before the CoUTt by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the CoUTt having hoe d C21d considered the

moving papers,4IlIj opposition papers, a 9 I


,'1' ppm; cd *be 258" i U If e

IT IS on this


and/or for a limiting instruction, any comment or suggestion that state law must be preempted to

protect that public from recklessly warning of unsubstantial associations between drugs and

health risks is hereby granted; ,,,.

I

i' .1",1 /'" /i 1;/ IT IS FURTHER ORDERED that a copy of this Order shall be srnred upon

Defendants' counsel within seven (7) days of the date of this Order.

OPPOSED II

1 SSICA R MAYER. l.S.C.

This motion was:

~/ Opposed

__ Unopposed

2

30. Plaintiff's motion in limine to bar Defendants from any comment or suggestion that state law must be preempted to protect the public from recklessly warning of unsubstantiated associations between drugs and health risks.

Defendants agree not to introduce such evidence at trial unless Plaintiff "opens the door." Neither party shall argue or comment on this issue unless the court determines that the other party has "opened the door." Therefore, this motion is GRANTED.

EPSTEIN ARLEN, LLC A Nf!W Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600

BAILEY PERRIN BAILEY FILED 440 Louisiana Street, Suite 2100 DEC 16 2011Houston, Texas 77002 (713) 425-7100 Telephone JUDGE JESSICA R. MAVEQ Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, : LAWDMSION


: JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. alkJaJANSSEN, L.P., alkJa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., alkJa JANSSEN (RisperdallSeroquellZyprexa Litigation) PHARMACEUTICA, INC.,

Defendants. DOCKET NO. MID-L-6820-06(M1)

tpMWPQnJllI ORDER

TillS MAlTER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having ok d ..d considered the

movingpapers,,,,,,,, opposition papers, gpr sep'y papm 2pd ilie 058'1=2£1 sf II I, and good


IT IS on this tv ~ dayof----'pi (""W ,201l,


andfor for a limiting instruction, any reference to personal matters related to Dr. William*'cl.... 1/dWirshing is hereby gFBl'Ited7

\) ,,.fIJ ,,, I, '-e

IT IS FURTHER ORDERED that a copy of this Order shall be sep, cd UjXJU

I

gefeBdlmts' OOUIl3e1 within seven (7) days ofthe date of this Order.

OPPOSED

Thismotion was:

/ Opposed

__ Unopposed

2

31. Plaintiff's motion in /imine to bar Defendants from any reference to personal matters related to Dr. William Wirshing.

Plaintiffs motion is overly broad and vague. However, Defendants agree they do not intend to address any personal matters related to Dr.Wirshing unless Plaintiff "opens the door." The court will await the testimony at trial to determine if any of the personal matters related to Dr. Wirshing may affect his credibility as an expert witness. Therefore, this motion is DENIED.


BAILEY PERRIN BAILEY DEC 16 2011 440 Louisiana Street, Suite 2100 JUDGE JESSICA R. MAVEllHouston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, · SUPERlOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION

· MIDDLESEX COUNTY vs.

: JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., aIkIa JANSSEN : (RisperdallSeroqueVZyprexa Litigation) PHARMACEUTICA, INC.,


· : fIlIl8P'iIiIilD) ORDER

THIS MATI'ER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having hsad wd considered the

moving papers, ~opposition papers, WJ iUpt, papas, ad Ike ag 18' sf ?Q55RSg! and good


IT IS on this \ LJfl" day of DIi <til,"-J , 2011,


and/or for a limiting instruction, any video or reference to any video regarding extrapyramidal

symptoms and other similar side effects of antipsychotic drugs is hereby granted; 1'

IT IS FURTHER ORDERED that a copy of this Order shall be ~~~ ;~~,,,<-

Defendant' ~g'JDsel within seven (7) days of the date of this Order.

OPPOSED

This motion was:

~Opposed __ Unopposed

2

32. Plaintiff's motion in limine to bar Defendants from any video or reference to any video regarding extrapyramidal symptoms and other similar side effects of antipsychotic drugs.

Based upon the evidence presented to the court in this case, the court does not believe that Plaintiff suffers from extrapyramidal symptoms or other side effects of antipsychotic drugs other than his claim to sutTer from diabetes. Therefore, any reference by Defendants to symptoms not suffered by or not claimed by Plaintiff in this case is irrelevant and the prejudice of such testimony outweighs its probative value. Therefore, this motion is GRANTED. However, if Plaintiff intends to introduce evidence or testimony purporting to demonstrate safer alternatives in treating mental disorders. then the court may revisit this ruling and allow Defendants to introduce evidence and testimony limited to the benefits of second generation antipsychotic medications as compared to first generation antipsychotic medications.

0 ; ) I7 '

EPSTEIN ARLEN, LLC A New Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732)828-8600

BAILEY PERRIN BAILEY 440 Louisiana Street, Suite 2100 Houston, Texas 77002 (713) 425-7100 Telephone Attorneys for Plaintiff

FILED

DEC 16 2011 .JUDGE JESSICA R. MAYffi

GARY SKALA, : SUPERIOR COURT OF NEW JERSEY Plaintiff, LAW DIVISION


;

JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, L.P. aJkJa JANSSEN, L.P., aIkIa JANSSEN CASE CODE 274 PHARMACEUTICA, L.P., aIkIa JANSSEN (RisperdalJSeroquel/Zyprexa Litigation) PHARMACEUTICA, INC.,


If 118F8QI!l~ ORDER

TIllS MATIER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having hemd w:l considered the

moving papers,..,- opposition papers, WJ ropl, p p 2; d Ike mgmed f '; and good


IT IS on this LG Ji' dayofD" C<'~W ,2011,


and/or for a limiting instruction, any reference to the severity of bipolar disorder, psychosis, or

de., /./...4schizophrenia is hereby graated; )

p. ;\-/vi c" I, "-{IT IS FURTHER ORDERED that a copy of this Order shall be served "poll

Defendants' eeensel within seven (7) days of the date of this Order.

OPPOSED

This motion was:

,/ Opposed

__ Unopposed

2

33. Plaintiff's motion in limine to bar Defendants from any reference to the severity of bipolar disorder, psychosis or schizophrenia.

Plaintiff's motion is overly broad and vague. The court will await trial to determine whether testimony regarding the severity of Plaintiffs mental health disorder is irrelevant and not unduly prejudicial. Therefore, this motion is DENIED.

EPSTEIN ARLEN, LLC A New Jersey Limited Liability Corporation 220 Davidson Avenue, Suite 102 Somerset, New Jersey 08873 Tel. (732) 828-8600 FILED BAILEY PERRIN BAILEY DEC 16 2011·440 Louisiana Street, Suite 2100 Houston, Texas 77002 JUDGE JESSICA R. M1IIf.6 (713) 425-7100 Telephone Attorneys for Plaintiff

GARY SKALA, SUPERIOR COURT OF NEW JERSEY Plaintiff, · · LAW DIVISION

MIDDLESEX COUNTY vs. · · · · JOHNSON & JOHNSON COMPANY, CIVIL ACTION JANSSEN PHARMACEUTICA PRODUCTS, · · L.P. aIkIa JANSSEN, L.P., aIkIa JANSSEN · · CASE CODE 274 PHARMACEUTICA, L.P., alkJa JANSSEN (RisperdaIlSeroquel/Zyprexa Litigation) PHARMACEUIICA, INC., ·

Defendants. · · · · ·


Ii il8.881i1lj ORDER

lHIS MATfER having been brought before the Court by Bailey Perrin Bailey and

Epstein Arlen, attorneys for Plaintiff Gary Skala; the Court having 1 d II considered the

moving papers, .,-opposition papers, egr wr'r rs, S 2nd *be 2'8' Is sf WillBel, and good


IT IS on this l\;:tJ!\ dayof_D"Lt""i-)/./ ,2011,


and/or for a limiting instruction, any references to Janssen as a "hometown," a "neighbor," being

"from right here in New Brunswick," and the like, or to the fact that Plaintiff resides in a

jurisdiction outside the State ofNew Jersey is hereby granted,., pv fl" .)0

~I... iuIT IS FURTHER ORDERED that a copy of this Order shall be .1I lIJlfln

Detlmdants' WWiSCI within seven (7) days of the date of this Order.

!VL I Il

OPPOSED leA R. MAYER, J.S.

This motion was:

c./ Opposed

__ Unopposed vi

/w h,' J

.-/4. kill".]

lv., ~M

(,~.qr:J .ft; /1.T',hL'1

tM1i.-< p.t" :) Ii '\~{

~vi1-{ }.e~. ~fI. ,.. ~

dV1Jv.l

2

~4. Plaintiff's motion in limine to bar Defendants from any references to Janssen as la "hometown company," a "neighbor," "being right here in New Brunswick," and :the like, or to the fact that Plaintiff resides in a jurisdiction outside of the State of New Jersey.

Defendants agree not to overstate their ties to New Jersey and agree not to disparage Plaintiff for filing his claim in New Jersey. However, the court finds it would be impossible and impractical to sanitize the evidence and testimony to avoid mention of Plaintiffs home state or Defendants' place of business. Therefore, the motion is DENIED.

The motion is GRANTED in so far as Defendants shall not be permitted to refer t themselves as "local" and shall not emphasize the fact that Plaintiff resides out of state.

Orders 18 to 34

Documents

Transcript of Orders 18 to 34