Legal Opinion

Dier v. Merck & Co.

Court of Appeals for the Fifth Circuit

Decided July 16, 2010No. 09-30446PublishedCited by 29 opinions

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

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Liljeberg v. Health Services Acquisition Corp.Supreme Court of the United States · 1988
  3. Acuna v. Brown & Root Inc.Court of Appeals for the Fifth Circuit · 2000
  4. Beanal v. Freeport-McMoran, Inc.Court of Appeals for the Fifth Circuit · 1999
  5. In the Matter of Hipp, Inc., Debtor. David OlesCourt of Appeals for the Fifth Circuit · 1993

8 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. In re Oil Spill by the Oil Rig "Deepwater Horizon"District Court, E.D. Louisiana · 2012
  2. Antero Resources Corp. v. StrudleySupreme Court of Colorado · 2015
  3. Iwobi v. Merck & Co.Court of Appeals for the Fifth Circuit · 2013
  4. Strudley v. Antero Resources Corp.Colorado Court of Appeals · 2013
  5. Sanchez v. TX BrineCourt of Appeals for the Fifth Circuit · 2021

24 more not listed; retrieve them via the Exa API.

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