Judge Happas Case Study

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The Appellate Division in 2011 approved for publication the lengthy opinion that Judge Happas drafted and entered in 2008. Judge Happas granted defendants’ motions for summary judgment in a claim by a consumer who contracted breast cancer from hormone replacement therapy regimen. All three drugs were approved by the FDA, two to treat menopausal symptoms and for prevention of osteoporosis, and one for the treatment of uterine bleeding due to hormone imbalance. Plaintiff had sued the drug manufacturer asserting claims of failure to warn under Products Liability Act (PLA), violations of Consumer Fraud Act, and common law claims of fraudulent and negligent misrepresentation. In a decision later viewed favorably by the Appellate Division in the
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