A New Jersey appeals panel has handed Merck & Co. a victory in mass litigation over its painkiller Vioxx by barring 98 English and Welsh users of the drug from suing in the state's courts. The plaintiffs wanted to take advantage of New Jersey's plaintiff-friendly laws and fee-switching rules that don't exist in the United Kingdom, the other possible forum. But the appeals court ruled that U.K. remedies are adequate and that New Jersey trials would be less convenient for the state's courts and the litigants.
U.K. Vioxx Users Denied Recourse to New Jersey's Plaintiff-Friendly Forum
New Jersey Law Journal
August 1, 2007