International Union of Operating Engineers Local No. 68 Welfare Fund

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s certification of a nationwide class of third‑party payors against Merck for Vioxx, holding that common questions of fact and law do not predominate and that a class action is not a superior adjudicatory mechanism. The Court also rejected the fraud‑on‑the‑market theory for Consumer Fraud Act claims and remanded for further proceedings.