August 1, 2007
No U.S. Forum for British Vioxx Plaintiffs
The New Jersey Law Journal (via Law.com) reports that the New Jersey appeals court has held that a group of British Vioxx plaintiffs cannot sue in New Jersey state courts.
"The financial challenges of bringing mass tort litigation in the U.K. are not so insurmountable as to render that forum either inadequate or unavailable," said Appellate Division Judges Edith Payne, Harvey Weissbard and Howard Kestin.
The decision accords with a ruling by Judge Eldon Fallon, who is handling the pre-trial of all the federal Vioxx cases; nearly a year ago, he dismissed claims by foreign plainiffs on the same grounds.
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