5th Circ. Shoots Down Challenge To Vioxx Settlement

Law360, New York (July 19, 2010, 6:00 PM EDT) -- A federal appeals court has rejected a challenge to Merck & Co.'s $4.85 billion settlement of the multidistrict litigation over its painkiller Vioxx by a group of nonsettling plaintiffs and affirmed the dismissal of their cases.

In an opinion handed down Friday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that the appellants, known as the Dier plaintiffs, lacked standing to challenge the so-called master settlement agreement.

“Because the MSA was structured as an 'opt-in' private settlement rather than an...
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