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NJ Supreme Court rejects Vioxx third-party payor class action

The New Jersey Supreme Court today ruled in favor of Merck in the appeal of the third-party payor class action involving Vioxx.  Here is the court’s opinion in International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck & Co., reversing the Appellate Division and holding class certification improper on grounds of predominance and superiority.

HME

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