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KLEINMAN v. MERCK & CO., INC.

No. L-3954-04/L-24-05

8 A.3d 851 (2009)

417 N.J. Super. 166

Elaine KLEINMAN and Ronald Martin, Plaintiffs, v. MERCK & CO., INC., Defendant.

Superior Court of New Jersey, Law Division, Civil Part, Atlantic County.

Decided March 17, 2009.

Attorney(s) appearing for the Case

Thomas M. Sobol argued the cause for plaintiffs Elaine Kleinman and Ronald Martin (Hagens Berman Sobol Shapiro LLP and Spector Roseman Kodroff & Willis, P.C., attorneys; Theodore M. Lieverman , on the brief).

John H. Beisner argued the cause for defendant Merck & Co., Inc. (O'Melveny & Myers LLP and Dechert LLP, attorneys; Diane P. Sullivan , Princeton, on the brief).

HIGBEE, P.J.Cv.

The issue before the court is whether under Rule 4:32-1 this court should grant certification of a national class action or a New Jersey class of individual consumers who purchased Vioxx as a result of deception by the defendant manufacturer of the drug. The complaint is seeking economic damages resulting from the purchase and not personal injury damages.

I. Background

The defendant manufactured and marketed the drug Vioxx...

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