New Jersey Law Will Apply to Vioxx Case, Merck Denied Summary Judgment

ATLANTIC CITY, N.J. - Summary judgment motions filed by Merck & Co. in the first New Jersey Vioxx case to proceed to trial were denied based on the application of New Jersey law, paving the way for a trial expected to last several weeks. Humeston v. Merck & Co. Inc., No. ATL-L-2272-03-MT (N.J. Super. Ct., Atlantic Cty.).

Judge Carol E. Higbee of the Atlantic County Superior Court denied the motions on Sept. 12, the same day jury selection was expected to get underway. Among the disputes where Judge Higbee determined there remain issues of fact were allegations by plaintiff Frederick …