Judge Stays N.J. State Vioxx Cases Pending Parallel Federal Litigation

ATLANTIC CITY, N.J. - A New Jersey judge recently granted Merck's motion to stay all consolidated Vioxx-related proceedings pertaining to shareholder derivative claims in New Jersey state courts until the parallel federal litigation is resolved. Pearlstein v. Gilmartin, et al., No. ATL-L-6939-05; Stein v. Gilmartin, et al., No. ATL-L-6940-05 (N.J. Super. Ct., Atlantic Cty.).

On Jan. 19, Judge Carol E. Higbee of New Jersey's Superior Court for Atlantic County ordered that all state shareholder derivative suits against Merck concerning Vioxx be dismissed without prejudice to reinstate, so as to avoid duplicative litigation with the parallel consolidated proceedings against Merck in …