Tuesday, February 13, 2007
The New Jersey Supreme Court oral argument in the Vioxx third-party payor class action had been scheduled for tomorrow, although apparently it has been postponed. The case, International Union of Operating Engineers #68 Welfare Fund v. Merck & Co., involves a nationwide class action of Vioxx third-party payors. The trial court granted class certification after finding that New Jersey's Consumer Fraud Act applied to all of the claims. The Supreme Court will address both the class certification and choice of law issues. It's an important appeal, both because of the stakes in this class action and because it may shed light on the extent to which mass tort class actions remain viable for claims other than personal injury.