Bruce Rosen Quoted in New Jersey Law Journal Article

Bruce Rosen, partner at Pashman Stein Walder Hayden, was quoted in the New Jersey Law Journal in an article titled “'Chilling Effect'? Johnson & Johnson Sues Expert Witness Over Talc Claims”. The article discusses Johnson & Johnson filing a lawsuit alleging fraud, injurious falsehoods, product disparagement and violations of the Lanham Act against a medical expert who published an article that linked the company’s talc products to mesothelioma.

Bruce Rosen, whose practice includes defamation and First Amendment litigation, believes that LTL Management is unlikely to prevail on claims related to the article as an expert witness on behalf of plaintiffs who sued Johnson & Johnson.

“They have to show that she lied about what she was doing and that she knew what she was writing was false. I’m not an expert about talc but I don’t think that she’s the only person saying the things that she’s saying. And if she believed what she’s saying, it’s a tough case,” said Rosen.

“They’re going to have to show that she had contrary proof in front of her that was compelling enough that she should have stopped what she was doing. And that’s very hard in a science context. Very hard,” Rosen said.

Rosen went on to say that even if LTL Management doesn’t win its suit, the case could have a chilling effect.

“It could chill the scientific community or the expert witness community. Look, there’s no doubt there are hacks in the expert witness community on both sides. The question is why are they doing this? To me it’s like the guy in ‘Network.’ I’m mad as hell and I’m not going to take it anymore. Someone reached their breaking point and wanted to invest their money to see if they could quiet her down.”

To read the full article, click here.