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IN RE VIOXX LITIGATION

928 A.2d 935 (2007)

395 N.J. Super. 358

In re VIOXX LITIGATION.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2007.

Attorney(s) appearing for the Case

Jonathan Miller argued the cause for appellants (Locks Law Firm, and Williams Cuker and Berezofsky, Cherry Hill, attorneys; Mr. Miller, James J. Pettit and Esther Berezofsky, on the brief).

Charles W. Cohen argued the cause for respondent Merck & Co., Inc. (Hughes Hubbard & Reed, Jersey City, attorneys; Mr. Cohen, of counsel and on the brief; Karl R. Thompson (O'Melveny & Myers) of the DC bar, admitted pro hac vice, and Eric Blumenfeld, on the brief).

Before Judges KESTIN, WEISSBARD and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this matter, ninety-eight plaintiffs residing in England and Wales appeal from the order of Judge Higbee dismissing, pursuant to the doctrine of forum non conveniens, their personal injury lawsuits against defendant, Merck & Co., Inc., the developer and manufacturer of the prescription medicine VIOXX, and Merck Sharp & Dohme, Ltd., its U.K. subsidiary, as improperly instituted in New...

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