Skill v. Martinez

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Ortho Pharmaceutical Company appeals from an adverse judgment entered on a jury verdict in a diversity case tried under New Jersey law and asserts three contentions for reversing the trial court: that the trial court improperly instructed the jury in the absence of its counsel, that plaintiffs’ counsel improperly made repeated references to an alleged duty of Ortho to warn the public directly and to Ortho’s alleged failure to heed the Federal Drug Administration’s required patient warning, and that counsel improperly referred to new precautions…