After a three-justice panel of Houston's 14th Court of Appeals reversed a judgment in the nation's first Vioxx trial, plaintiffs' lawyer W. Mark Lanier vowed to appeal it on behalf of his client. He called the opinion "judicial activism for corporate America." Now, more than two months after the May 29 opinion reversing the judgment in Carol Ernst v. Merck & Co. Inc. , Ernst has filed a motion seeking a rehearing en banc.
August 25, 2008 at 12:00 AM
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