Two posts below this one, you will find a link to an article by Max Kennerly lamenting how recent changes in civil procedure law often lead judges to decide complex cases improperly in advance
of a jury trial, and sometimes on nothing but the initial complaint. Now, here is a
link to his more recent article in which he discusses the most recent example of this trend: the recent order in the NuvaRing litigation consolidated in New Jersey state court dismissing
all of the bellwether cases, primarily on causation grounds.
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