Legal Opinion
Plubell v. Merck & Co., Inc.
Missouri Court of Appeals
Decided May 12, 2009No. WD 69808PublishedCited by 45 opinions
1Opinion of the Court
THOMAS H. NEWTON, Chief Judge.
Merck & Co., Inc. (Merck) appeals from the trial court's order certifying a class action for claims brought under the Missouri Merchandising Practices Act (MMPA), sections 407.010 to 407.130, 1 related to Merck's sale of the drug Vioxx. Merck argues that the class does not meet the requirement that common issues predominate and that the two class representatives, Mary Plubell and Ted Ivey (Plaintiffs), do not meet the requirements of typicality and adequacy. We affirm.
Factual and Procedural Background
In May of 1999, Merck received FDA approval to manufacture and…
2Cases cited13 opinions
- Hess v. Chase Manhattan Bank, USA, N.A.Supreme Court of Missouri · 2007
- Koger v. Hartford Life Insurance Co.Missouri Court of Appeals · 2000
- Craft v. Philip Morris Companies, Inc.Missouri Court of Appeals · 2005
- Schuchmann v. Air Services Heating & Air Conditioning, Inc.Missouri Court of Appeals · 2006
- State Ex Rel. American Family Mutual Insurance Co. v. ClarkSupreme Court of Missouri · 2003
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3Cited by45 opinions
- Daniel Murphy, Individually and On Behalf of Others Similarly Situated in Missouri v. Stonewall Kitchen, LLC, Defendant/Respondent.Missouri Court of Appeals · 2016
- Hope v. Nissan North America, Inc.Missouri Court of Appeals · 2011
- In re Bisphenol-A (BPA) Polycarbonate Plastic Products Liability LitigationDistrict Court, W.D. Missouri · 2011
- Kelly v. Cape Cod Potato Chip Co.District Court, W.D. Missouri · 2015
- Mitchell v. Residential Funding Corp.Missouri Court of Appeals · 2011
40 more not listed; retrieve them via the Exa API.