Texas Court Affirms Tossing Of $26M Vioxx Judgment

Law360, New York (June 4, 2009, 12:00 AM EDT) -- A Texas appeals court has pushed a prominent Vioxx liability case back to square one, issuing a ruling Thursday that affirms a reversal of a $26.1 million judgment against Merck & Co. and moots the court's decision to hear the case en banc.

Three judges in Texas' Fourteenth Court of Appeals issued a substitute opinion with new reasoning to back its earlier decision to throw out judgment in favor of Carol Ernst, the widow of Robert Ernst. In May 2008, the same judges — Chief Justice...
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