Legal Opinion
In Re Merck & Co. Securities & ERISA Litigation
Court of Appeals for the Third Circuit
Decided July 18, 2007No. 06-2911PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
SMITH, Circuit Judge.
This case is part of the massive VIOXX-related litigation. The primary — and narrow — issue on this appeal is whether the District Court erred by refusing to allow the plaintiffs leave to amend their complaint with additional materials they had proffered to the court to show that amendment would not be futile. 1
This is a shareholder suit, so in the typical situation the plaintiffs would have been required to first make demand upon Merck’s Board of Directors. However, the plaintiffs pled demand futility. The District Court dismissed the suit because the…
2Cases cited14 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Aronson v. LewisSupreme Court of Delaware · 1984
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
- Lorenz v. CSX Corp.Court of Appeals for the Third Circuit · 1993
9 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Great Western Mining & Mineral Co. v. Fox Rothschild LLPCourt of Appeals for the Third Circuit · 2010
- Azur v. Chase Bank, USA, National Ass'nCourt of Appeals for the Third Circuit · 2010
- Estate of Oliva Ex Rel. McHugh v. New JerseyCourt of Appeals for the Third Circuit · 2010
- Benjamin Post v. St Paul Travelers Ins CoCourt of Appeals for the Third Circuit · 2012
- Camesi v. University of Pittsburgh Medical CenterCourt of Appeals for the Third Circuit · 2013
67 more not listed; retrieve them via the Exa API.