Vioxx Rulings Could Bode Ill For N.J. Class Actions

Law360, New York (June 10, 2008, 12:00 AM EDT) -- In two recent Vioxx-related decisions, New Jersey appellate courts have further defined and reduced the scope of product liability actions by precluding: (1) medical monitoring in the absence of present injury, (2) consumer fraud claims, and (3) punitive damages.

In Sinclair v. Merck & Co. Inc., No. A-117-06 (N.J. June 4, 2008), the New Jersey Supreme Court affirmed the trial court's dismissal of a putative product liability class action seeking to recover the costs of medical monitoring of alleged silent or latent cardiovascular injury from ingestion...
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