Appeals Court Nixes Vioxx Plaintiffs' Class Cert. Bid

Law360, New York (December 15, 2009, 7:05 PM EST) -- A California appeals court ruled Tuesday that plaintiffs seeking to recover purchase costs from Merck & Co. for its withdrawn prescription painkiller Vioxx do not qualify for class certification because their claims are not typical of the buyers they seek to represent and because individual questions would predominate.

The California Court of Appeal's Second Appellate District affirmed a trial court's decision denying the request by several individuals who bought the drug for class certification on claims of unfair competition, unjust enrichment and false advertising.

The plaintiffs...
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