Dier v. Merck & Co.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PER CURIAM: *
In this mass tort multidistrict litigation (MDL) proceeding, thousands of plaintiffs alleged personal injuries resulting from the use of Vioxx, a drug manufactured by defendant Merck and Company, Inc. (Merck). Many of the litigants have arrived at an opt-in Master Settlement Agreement (MSA) to resolve claims for those plaintiffs who meet certain criteria. Glenn L. Dier and his fellow plaintiffs-appellants (the Dier plaintiffs) have not opted into the MSA. The district court issued a series of pre-trial orders, including pre-trial order 28 (PTO 28), which required that…
2Cases cited13 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
- Acuna v. Brown & Root Inc.Court of Appeals for the Fifth Circuit · 2000
- Beanal v. Freeport-McMoran, Inc.Court of Appeals for the Fifth Circuit · 1999
- In the Matter of Hipp, Inc., Debtor. David OlesCourt of Appeals for the Fifth Circuit · 1993
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