Merck Loses JMOL Bid In ERISA Suit Over Vioxx Errors

Law360, New York (March 24, 2009, 12:00 AM EDT) -- A federal court has denied Merck & Co.'s motion for judgment on the pleadings on an imprudent investment claim and a communications claim in an ongoing consolidated Employee Retirement Income Security Act action over the drugmaker's shelved painkiller Vioxx.

Judge Stanley R. Chesler of the U.S. District Court for the District of New Jersey handed down an order Monday denying the motion, lodged six months ago by Merck and several current and former Merck executives and joined by Merck-Medco Managed Care LLC.

The plaintiffs — participants...
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