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NEW JERSEY CITIZEN ACTION v. SCHERING-PLOUGH CORP.

842 A.2d 174 (2003)

367 N.J. Super. 8

NEW JERSEY CITIZEN ACTION, Citizen Action New York, Health Action New Mexico, Lisa Tyson, and Kevin P. Santoian, Individually and on Behalf of All Others Similarly Situated, Plaintiffs-Appellants, v. SCHERING-PLOUGH CORPORATION, Commonhealth L.P., and Quantum Group (U.S.), Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 2003.

Attorney(s) appearing for the Case

Thomas M. Sobol (Hagens Berman) of the Boston bar, admitted pro hac vice, argued the cause for the appellants (Lite DePalma Greenberg & Rivas; Williams, Cuker & Berezofsky; Milberg, Weiss, Bershad, Hynes & Lerach; Carey & Danis; Rosenfeld & Associates; and Lawrence G. Soicher, attorneys; Allyn Z. Lite and Bruce D. Greenberg, of counsel and on the brief; Mary Jean Pizza, on the brief).

Douglas S. Eakeley, Roseland, argued the cause for respondents (Lowenstein Sandler; and Mayer, Brown, Rowe & Maw, attorneys; Mr. Eakeley, of counsel and on the brief; Richard Ben-Veniste, of counsel).

Before Judges PRESSLER, AXELRAD and HOENS.

The opinion of the court was delivered by HOENS, J.A.D.

Plaintiffs are not-for-profit organizations and individuals seeking to assert, on behalf of a nationwide class, consumer fraud claims against defendants Schering-Plough Corp. (Schering), a pharmaceutical manufacturer, and two companies that assisted it in advertising and marketing certain of its Claritin products. Plaintiffs appeal from the decision of the trial judge dismissing their complaint. In granting the...

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