N.J Court Denies Merck Motion to Dismiss Out-Of-State Plaintiffs

ATLANTIC CITY, N.J. - The New Jersey judge presiding over coordinated Vioxx litigation has denied Merck & Co.'s motion to dismiss suits by plaintiffs from 33 other states and two foreign countries on forum non conveniens grounds. In re Vioxx, No. 619 (N.J. Super. Law Div., Atlantic Cty.).

New Jersey Superior Court Judge Carol E. Higbee explained that New Jersey courts deciding such motions are required to address private interest factors and public interest considerations (First English Funding v. Aetna Life Ins. Co. (347 N.J. Super. 443).]

Merck argued that the claims of non-resident plaintiffs could be better defended in …