Appeals Court Keeps Merck Derivative Suit Alive

Law360, New York (July 20, 2007, 12:00 AM EDT) -- A federal appeals court panel has given a glimmer of hope to the shareholders who filed a derivative action against Merck & Co. Inc. for allegedly covering up the health risks of recalled painkiller Vioxx, only to see their complaint dismissed.

The U.S. Court of Appeals for the Third Circuit ruled Wednesday that the district court erred in denying the shareholders the right to amend their complaint solely on the grounds that what they wanted to add came from discovery. As a result, the district court...
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