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Court Denies Class Status for Plaintiffs Against Merck
Class Action | 2007/09/07 08:51

New Jersey's Supreme Court rejected on Thursday a class-action lawsuit against Merck & Company over the drug maker's withdrawn painkiller Vioxx. The ruling is a huge legal victory for the company, which faces nearly 27,000 individual lawsuits from people claiming that Vioxx, once a widely used arthritis treatment, caused heart attacks and strokes.

The state's highest court, reversing two lower court decisions, ruled that a nationwide class was not appropriate for the lawsuit. The suit had been brought by a union health plan on behalf of all insurance plans that paid for Vioxx prescriptions, or about 80 percent of all Vioxx sold.

A lawyer for the New Jersey union said that because the state's consumer fraud law allows for triple damages, the case could have cost Merck $15 billion to $18 billion. The company's annual revenue last year was $22.6 billion.

Had the class action been allowed to proceed, it also would have been a major setback to the company's strategy of fighting the Vioxx lawsuits individually. Of the cases that have reached verdicts, Merck has won nine and lost five. A new trial was ordered in one case, and two others ended in mistrials this year.

Shares of Merck, which is based in Whitehouse Station, N.J., rose more than 2 percent, to $50.47, Thursday.

"We were thrilled with the decision," said John Beisner, who argued the case for Merck.

Christopher A. Seeger, lead lawyer for the plaintiff, the International Union of Operating Engineers Local 68 in West Caldwell, N.J., said he would pursue separate claims on behalf of individual health plans. He said that the high court did not rule that the state's consumer fraud law could not be applied to health plans from other states, so those claims could still be pursued in New Jersey, with the possibility of triple damages.

"Merck temporarily dodged a bullet," he said. "Merck didn't totally dodge the bullet."



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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