The 5-1 ruling by the state's highest court means a class-action lawsuit by people who used the once-popular painkiller will be dismissed. One justice did not participate.

The lawsuit was filed by Vioxx users who claim they have no immediate symptoms but that use of the drug gives them a greater risk of developing illness. So they want diagnostic testing to uncover any hidden or developing problems.

Because they aren't claiming they have an injury, they aren't eligible for the settlement Merck announced in November. Merck agreed to pay $4.85 billion to settle thousands of U.S. personal injury lawsuits involving a heart attack, stroke or death. Some 45,000 eligible claimants had initiated enrollment as of March 31.

The high court said that since the Vioxx users in the case don't claim injury, they "cannot satisfy the definition of harm" in seeking medical monitoring under the state's Product Liability Act.

In dissent, Justice Virginia A. Long argued that the law encompassed a broad definition of harm, and includes the concept that an "increased risk of injury that creates a need for medical surveillance" is a recognizable harm.

Conservative religious and legal groups had asked the California Supreme Court to stop its order from becoming effective until voters have the chance to weigh in on the issue.

An initiative that would amend the state constitution to ban gay marriage has qualified for the ballot. Its passage would overrule the court's decision.

The Supreme Court says its ruling will be final at 5 p.m. on June 16.

Wednesday's denial clears the way for gays and lesbians in the nation's most populous state to get married starting June 17, when state officials have said counties must start issuing new gender-neutral marriage licenses.

Senior Djiboutian officials have been implicated in the case and the judge's widow has accused the east African country's president of ordering her husband's murder.

President Ismael Omar Guelleh has denied the charge and in turn accused France of trying to destabilize his country.

In the world court case, Djibouti has argued that France violated two bilateral cooperation agreements by withholding evidence about the death of the magistrate, Bernard Borrel, who was an adviser to the Djibouti Justice Ministry.

Djibouti, which hosts France's largest military base in Africa, also has claimed immunity for two senior officials sought by a French investigating magistrate in the case for allegedly bribing witnesses.

In addition, France has asked to question Guelleh but has conceded the president cannot be summoned against his will.

An investor lawsuit against Yahoo Inc's board over its rebuff of Microsoft Corp's $47.5 billion buyout bid was made public by a judge on Monday who said that Yahoo had not shown good reason to keep it confidential.

A copy of the unsealed complaint, and a letter from Delaware Chancery Court Judge William Chandler explaining his decision, were posted on the Web site of law firm Bernstein Litowitz Berger & Grossmann LLP, which represents investors in the case.

"I conclude that defendants have not satisfied their burden to show good cause for the continued filing of the portions of the complaint under seal," the judge wrote.

AT&T Inc will offer refunds to customers who have been charged for third-party cellphone content, including ringtones, news and other alerts, as part of a settlement of a group of class-action lawsuits, court papers available online show.

The top U.S. phone company's wireless unit AT&T Mobility agreed to refund third-party mobile content fees that it billed from Jan. 1, 2004 through May 30 this year, the papers show.

The plaintiffs had accused AT&T Mobility of charging its wireless subscribers for unauthorized third-party mobile content. Similar lawsuits are pending in state and federal courts nationwide, the papers show.

Without comment, the justices refused to step into the dispute, giving the owners and operators of countless sports fantasy companies the opportunity to operate without having to pay to be licensed by baseball.

Jeff Thomas, a Kenosha, Wis.-based operator of two fantasy sports Web sites and president of the Fantasy Sports Trade Association, said the decision was a victory for free speech and "marks potentially the single biggest day in the history of the fantasy sports history."

In fantasy sports, participants act as owners or managers of a sports team, and track how the players they have perform statistically. The statistical performance is converted into points, which are compiled and totaled.

After deciding to outsource his legal representation, Beshear tasked his general counsel, Ellen Hesen, with spearheading the bidding process that included "several" firms.

He dismissed a notion that hiring his former employer could give a perception that he played favorites.

"If there is, there is," he said. "I wanted to get who I considered to be the best lawyers to represent me on such an important issue."

Williams, a Republican from Burkesville, filed the suit last month because he said Beshear improperly vetoed a bill outlining how road funds could be spent.

Steve Robertson, chairman of the Kentucky Republican Party, said Beshear's hiring his former firm looks as if he's helping out his friends and former bosses.

"Beshear's mantra during the campaign was 'taking care of our own,' and it's clear that he's at least making good on that promise," Robertson said.

Beshear told reporters that Stites & Harbison emerged as the top choice "because of their experience and their expertise."