Plaintiffs who brought securities fraud claims after Merck & Co. pulled its pain reliever Vioxx from the market cleared another hurdle on Wednesday, when a federal judge in New Jersey sent much of the long-running class action toward trial.
U.S. District Judge Stanley Chesler denied most of a summary judgment bid by Merck’s lawyers at Cravath, Swaine & Moore and Hughes Hubbard & Reed. Siding with plaintiffs lawyers at Bernstein Litowitz Berger & Grossmann, Brower Piven, Milberg, and Stull, Stull & Brody, the judge ruled that a reasonable jury could determine that the drugmaker misled investors in a slew of public statements before Vioxx was withdrawn.
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