929 A.2d 1076 (2007)

192 N.J. 372

INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 68 WELFARE FUND, individually and on behalf of all others similarly situated, Plaintiff-Respondent, v. MERCK & CO., INC., Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 6, 2007.

Attorney(s) appearing for the Case

John H. Beisner, a member of the District of Columbia bar, argued the cause for appellant (Dechert, attorneys; Mr. Beisner, Diane P. Sullivan and Richard Jasaitis, III, Lawrenceville, on the briefs).

Christopher A. Seeger, New York City, argued the cause for respondent (Seeger Weiss, New York City and Lynch Keefe Bartels, Shrewsbury, attorneys; Mr. Seeger, John E. Keefe, Jr., Shrewsbury, David R. Buchanan, New York City, Frederick S. Longer and Donald E. Haviland, Jr., on the briefs).

Michael Dore, Roseland, argued the cause for amicus curiae Pharmaceutical Research and Manufacturers of America (Lowenstein Sandler, attorneys; Mr. Dore and Rosemary E. Ramsay, of counsel and on the brief).

Theodore M. Lieverman, Philadelphia, PA, argued the cause for amici curiae AARP; American Federation of State, County and Municipal Employees; Center for Medical Consumers; Central New York Citizens in Action; Citizen Action of New York; Commonwealth Care Alliance, Inc.; Florida Chain; Gray Panthers of Sacramento; Health Care for All; Lynn Health Task Force; Medicare Rights Center; New Jersey Citizen Action; New Jersey PIRG Law & Policy Center; Pennsylvania Employees Benefit Trust Fund; Prescription Access Litigation Project; United Senior Action of Indiana; Elaine Kleinman and Ronald Martin (Spector Roseman & Kodroff, attorneys; Mr. Lieverman and David J. Cohen, on the brief).

Anita R. Hotchkiss, Morristown, submitted a brief on behalf of amicus curiae Product Liability Advisory Council, Inc. (Porzio, Bromberg & Newman, attorneys; Ms. Hotchkiss and Michael E. Rowan, on the brief).

John F. Brenner, Newark, submitted a joint brief on behalf of amici curiae The Commerce and Industry Association of New Jersey; The Somerset County Business Partnership and The Chemistry Council of New Jersey (McCarter & English, Newark, for The Commerce and Industry Association of New Jersey; Norris McLaughlin & Marcus, Bridgewater, for The Somerset County Business Partnership and Reed Smith, Princeton, for The Chemistry Council of New Jersey; Mr. Brenner, Steven A. Karg, Bridgewater and Steven J. Picco, Princeton, of counsel).

Edward J. Fanning, Jr. and David R. Kott, Newark, submitted a brief on behalf of amicus curiae Healthcare Institute of New Jersey (McCarter & English, attorneys; Mr. Fanning, Mr. Kott and Marielena Piriz, on the brief).


In July 2005, a Law Division judge granted the motion of plaintiff International Union of Operating Engineers Local # 68 Welfare Fund "to certify a nationwide class of third-party[,] non-government payors who . . . paid any person or entity for the purchase of a prescription anti-inflammatory arthritis and acute pain medication marketed by defendant Merck & Company, Inc. . . . under the brand name Vioxx." The Appellate Division affirmed that decision...


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