Legal Opinion

In Re Merck & Co., Inc.

Court of Appeals for the Third Circuit

Decided September 9, 2008No. 07-2431, 07-2432PublishedCited by 35 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellants, purchasers of Merck & Co., Inc. stock, filed the first of several class action securities fraud complaints on November 6, 2003, alleging that the company and certain of its officers and directors (collectively, “Merck”) misrepresented the safety profile and commercial viability of Vioxx, a pain reliever that was withdrawn from the market in September 2004 due to safety concerns. The District Court granted Merck’s motion to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, holding that Appellants were put…

2Cases cited29 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. Virginia Bankshares, Inc. v. SandbergSupreme Court of the United States · 1991
  4. Eisenberg v. GagnonCourt of Appeals for the Third Circuit · 1985
  5. Lentell v. Merrill Lynch & Co.Court of Appeals for the Second Circuit · 2005

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3Cited by35 opinions

  1. Merck & Co. v. ReynoldsSupreme Court of the United States · 2010
  2. City of Edinburgh Council as A v. Pfizer IncCourt of Appeals for the Third Circuit · 2014
  3. William A. Graham Co. v. HaugheyCourt of Appeals for the Third Circuit · 2009
  4. Pension Trust Fund for Operating Engineers v. Mortgage Asset Securitization Transactions, Inc.Court of Appeals for the Third Circuit · 2013
  5. City of Warren Police and Fire v. Prudential Financial IncCourt of Appeals for the Third Circuit · 2023

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

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