Phyllis SINCLAIR, Joseph Murray and Robbie L. Traylor, Individually and for all others similarly situated, Plaintiffs-Respondents,
v.
MERCK & CO., INC., Defendant-Appellant, and
Jane Does Distributors (1-50), Jill Does Manufacturers (1-50), Jack Does Pharmaceutical Advertisers (1-50), Jake Does Sellers (1-50), John Does Marketing Partners (1-50) and Joan Does Promoters (1-50), Defendants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 22, 2007.
Decided June 4, 2008.
Attorney(s) appearing for the Case
John Beisner, a member of the District of Columbia bar, argued the cause for appellant (Dechert, attorneys; Mr. Beisner, Diane P. Sullivan, Princeton, Christopher J. Michie, Lawrenceville, Richard Jasaitis III and Johnathan Hacker, a member of the District of Columbia bar, on the briefs).
Elizabeth J. Cabraser, a member of the California bar, San Francisco, argued the cause for respondents (Williams Cuker Berezofsky, attorneys, Cherry Hill; Ms. Cabraser and Esther E. Berezofsky, Cherry Hill, on the briefs).
Thomas D. Begley, Jr., Moorestown, submitted a brief on behalf of amicus curiae AARP (Begley & Bookbinder, attorneys).
E. Drew Britcher, Glen Rock, submitted a brief on behalf of amicus curiae Association of Trial Lawyers-New Jersey (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper, on the brief).
David G. Evans, Pittstown, submitted a brief on behalf of amicus curiae Pacific Legal Foundation.
Michael Pore, Roseland, submitted a brief on behalf of amicus curiae Pharmaceutical Research and Manufacturers of America (Lowenstein Sandler, attorneys; Mr. Pore and Rosemary E. Ramsay, on the brief).
Anita R. Hotchkiss, submitted a brief on behalf of amicus curiae Product Liability Advisory Council, Inc. (Hotchkiss Law and Porzio, Bromberg & Newman, attorneys, Morristown; Ms. Hotchkiss and John T. Chester, Morristown, on the brief).
Supreme Court of New Jersey.
Justice WALLACE, JR., delivered the opinion of the Court.
In this products liability case we consider whether plaintiffs may recover the costs of medical monitoring despite their failure to allege a physical injury. The trial court granted defendant Merck & Co., Inc.'s (Merck) motion to dismiss, reasoning that medical monitoring is an uncommon remedy that should not be applied to plaintiffs who did not allege any manifest injury. The Appellate Division disagreed...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
