Merck Secures Appellate Reversal in Vioxx Suit

Skadden represented Merck Sharp & Dohme Corp. in an appeal overturning a lower court's class certification in connection with ongoing litigation related to Merck's Vioxx medication. On February 10, Judge Thomas B. Wine of the Kentucky Court of Appeals (writing for the panel) issued an order reversing certification and found the plaintiff failed the predominance requirement because his claims implicated individualized questions regarding loss, reliance and causation.