Legal Opinion

In Re Merck & Co. Securities Litigation

Court of Appeals for the Third Circuit

Decided December 15, 2005No. 04-3298PublishedCited by 97 opinions

1Opinion of the Court

AMBRO, Circuit Judge.

Merck & Co., Inc. planned an initial public offering of its wholly owned subsidiary — Medco Health Solutions, Inc. Before the IPO was to occur, however, information about Medco’s aggressive revenue-recognition policy came to light. Some details about the policy were disclosed in Merck’s registration statements filed with the Securities and Exchange Commission, but a Wall Street Journal article reading between the lines of this disclosure precipitated a decline in Merck’s stock. After further disclosures and larger declines in Merck’s stock price, the Medco IPO was…

2Cases cited25 opinions

  1. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  2. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  3. TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
  4. Dura Pharmaceuticals, Inc. v. BroudoSupreme Court of the United States · 2005
  5. In Re: Cendant Corporation LitigationCourt of Appeals for the Third Circuit · 1992

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3Cited by97 opinions

  1. Institutional Investors Group v. Avaya, Inc.Court of Appeals for the Third Circuit · 2009
  2. DirecTV, Inc. v. LetoCourt of Appeals for the Third Circuit · 2006
  3. Barry Belmont v. MB Investment Partners, Inc.Court of Appeals for the Third Circuit · 2013
  4. New Orleans Employees' Retirement System v. Omnicom Group, Inc.Court of Appeals for the Second Circuit · 2010
  5. United States v. SchiffCourt of Appeals for the Third Circuit · 2010

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