Judge OKs Partial Class Status In ERISA Suit V. Merck

Law360, New York (February 11, 2009, 12:00 AM EST) -- A group of Merck & Co. employees in litigation over the drugmaker's shelved painkiller Vioxx have partially prevailed in their effort to certify a class of thousands of company pension plan participants.

Judge Stanley Chesler of the U.S. District Court for the District of New Jersey agreed Monday to grant class status to the plaintiffs to prosecute three of their four Employee Retirement Income Security Act claims.

The plaintiffs — participants in Merck's various retirement benefit plans — allege that the company and its directors breached...
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