Merck Gets Claims Based On Puffery Trimmed From Vioxx Suit

Law360, New York (August 2, 2012, 2:12 PM EDT) -- A New Jersey federal judge on Wednesday nixed claims from a shareholder suit against Merck & Co. Inc. over misrepresentations about its ill-fated painkiller Vioxx, saying many of Merck’s allegedly misleading statements were optimistic puffery and aren’t actionable.

U.S. District Judge Stanley R. Chesler dismissed certain claims brought by Dutch pension fund Stichting Pensioenfonds ABP under Section 10(b) of the Securities Exchange Act after Merck identified various statements that it said could not be the basis of a violation because they were either factual recitations of...
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