Phyllis SINCLAIR and Joseph Murray, Individually and For All Others Similarly Situated, Plaintiffs-Appellants,
v.
MERCK & CO., INC., Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued September 26, 2006.
Decided January 16, 2007.
Attorney(s) appearing for the Case
Esther Berezofsky, argued the cause for appellants (Williams Cuker Berezofsky, attorneys, Cherry Hill; Ms. Berezofsky, Elizabeth Cabraser (Lieff Cabraser Heimann & Bernstein) of the California bar, admitted pro hac vice, San Francisco, CA, Wendy Fleishman (Lieff Cabraser Heimann & Bernstein) of the N.Y. bar, admitted pro hac vice, New York City, Richard Lewis (Cohen Milstein Hausfeld & Toll) of the DC bar, admitted pro hac vice, and Daniel Sigelman (Cohen Milstein Hausfeld & Toll) of the DC bar, admitted pro hac vice, Washington, DC, on the brief).
Jonathan Hacker (O'Melveny & Myers) of the DC bar, admitted pro hac vice, Washington, DC, argued the cause for respondent (Dechert, L.L.P., Lawrenceville and Mr. Hacker, John Beisner (O'Melveny & Myers) of the DC bar, admitted pro hac vice, and Jeffrey Judd (O'Melveny & Myers) of the DC bar, admitted pro hac vice, attorneys, Washington, DC; Diane P. Sullivan, Lawrenceville and Richard Jasaitis III, Princeton, on the brief).
Porzio, Bromberg & Newman, Brick, for amicus curiae Product Liability Advisory Council, Inc. (Anita Hotchkiss and John T. Chester, on the brief).
Britcher, Leone & Roth, Glen Rock, for amicus curiae ATLA-NJ (E. Drew Britcher and Jessica E. Choper, on the brief).
Begley & Bookbinder, Moorestown, for amicus curiae AARP (Thomas D. Begley, Jr., on the brief).
Before Judges WEISSBARD, PAYNE and GRAVES.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
PAYNE, J.A.D.
An order of May 19, 2005 dismissed on the pleadings a proposed class action complaint against Merck & Co. Inc., initially filed by plaintiffs Phyllis Sinclair and Joseph Murray1 on behalf of themselves and others resident in New Jersey or, alternatively, in the United States, who had taken the drug Vioxx in any dose for at least six consecutive weeks at any time between...
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