N.J. Attorneys’ Fees Cap Does Not Apply to Cases Litigated Elsewhere, 3rd Cir. Affirms

PHILADELPHIA — Two pelvic mesh plaintiffs whose Texas lawyers considered filing suit in New Jersey but ultimately litigated and settled the cases in Texas cannot invoke New Jersey’s stricter cap on attorneys’ fees, a federal appellate panel has affirmed.

In a May 27 opinion upholding dismissal of the action, a 3rd Circuit U.S. Court of Appeals panel concluded that “lawyers must follow the rules of the state where they sue, not those of states where they considered suing.”

Thousands of women sued Johnson & Johnson subsidiary Ethicon over injuries caused by their pelvic mesh implants. Two of those plaintiffs, …