May 14, 2018

Avoiding the Imposition of a Legal Duty on Detail Representatives

Florham Park partner Michael C. Zogby and associate Daryl Daly authored a New Jersey Law Journal article titled “Avoiding the Imposition of a Legal Duty on Detail Representatives.” The article discusses how detail representatives are becoming targets in products liability and medical malpractice cases to avoid diversity jurisdiction, in an effort to keep a case in state court. However, courts have emphasized that detail representatives do not owe a legal duty to patients or physicians. Mike and Daryl explored several examples of case law in which courts found that detail representatives do not owe a duty to individual patients based on product liability or malpractice theories of liability.

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