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Choice of Law

Response to Defendants’ Motion for Order Determining Choice of Law

Helzer v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking application of Michigan law, which would have eliminated plaintiff’s claims. The defendants argued that Michigan law should apply because the case involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that California – not Michigan – had the predominant interest in applying its own laws in order to deter wrongful conduct within its borders. The court agreed and denied the defendants’ motion.

Response to Defendants’ Motion for Order Determining Choice of Law

Meeusen v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking application of Michigan law, which would have eliminated plaintiff’s claims. The defendants argued that Michigan law should apply because the case involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that California – not Michigan – had the predominant interest in applying its own laws in order to deter wrongful conduct within its borders. The court agreed and denied the defendants’ motion.

Response to Defendants’ Motion for Order Determining Choice of Law

Jane Doe v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking application of Pennsylvania law. The defendants argued that Pennsylvania law should apply because the case involved the death of a Pennsylvania resident that occurred in Pennsylvania allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Pennsylvania. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that California – not Pennsylvania – had the predominant interest in applying its own laws in order to deter wrongful conduct within its borders. The court agreed and denied the defendants’ motion.

Response to Defendants’ Motion for Order Determining Choice of Law

Christensen v. Alza

This brief was filed in California state court in response to a motion filed by the defendants in a fentanyl pain patch case seeking application of Michigan law, which would have eliminated plaintiff’s claims. The defendants argued that Michigan law should apply because the case involved the death of a Michigan resident that occurred in Michigan allegedly as a result of the patient’s use of a fentanyl pain patch prescribed, purchased and used in Michigan. Plaintiff responded that the defendant that manufactured the patch had its principal place of business in California and actually designed and manufactured the patch in California. Plaintiff argued that California – not Michigan – had the predominant interest in applying its own laws in order to deter wrongful conduct within its borders. The court agreed and denied the defendants’ motion.

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