Company and Case Information

Home

Index of Filings

News and Press Releases

Filings

Decisions

Settlements

Litigation Activity Indices

Top Ten List

Annual/Quarterly Updates

Clearinghouse Research

Articles & Papers

Search

Related Sites

About Us

Local Rules

Sponsors


Register


_______________
Copyright (c) 2001
Stanford Law School


Merck & Co., Inc.
Summary: According to the press release dated May 8, 2008, the class action lawsuit filed in the United States District Court, Eastern District of Pennsylvania, 08cv1603, has been withdrawn without prejudice since defendants had not appeared, answered or moved for summary judgment. The action will be refiled in the United States District Court for the District of New Jersey, Civil Action No. 08-02177.

The first complaint filed charges Merck and its Chairman, President and Chief Executive Officer with violations of the Federal Securities Laws. The Complaint alleges that defendants deceived the investing public regarding the results of the ENHANCE trial because the results were not positive or beneficial to Merck and to the contrary would be detrimental. The trial results when fully explained and disclosed on March 28, 2008 showed that there was no statistically significant difference between patient use of VYTORIN versus patients treated with SIMVASTATIN. Based on trial results, defendants were aware that the medical community would turn to an alternative, less expensive statins, thus seriously impacting the Company's earning. Moreover, the Company's earnings were dependent on increasing sales of VYTORIN as its patent and exclusivity on ZOCOR had expired and the company's performance would and could be negatively impacted by competition from cholesterol management products on the market. These disclosures caused Merck's stock price to fall from $44.51 on March 28, 2008 to close on March 31, 2008 at $37.95.

INDUSTRY CLASSIFICATION:
SIC Code: 2834
Sector: Healthcare
Industry: Major Drugs


COMPANY/ISSUER NAME: Merck & Co., Inc.
COMPANY/ISSUER TICKER: MRK
COMPANY WEBSITE: http://www.merck.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Mayer Horowitz, et al. v. Merck & Co., Inc., et al.
 COURT: E.D. Pennsylvania  DOCKET NUMBER: 08-CV-01603
 JUDGE NAME: Hon. Legrome D. Davis
 DATE FILED: 4/3/2008  SOURCE: Notice of Filing
 CLASS PERIOD START: 10/22/2007  CLASS PERIOD END: 3/28/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (Florida)
      197 S. Federal Highway, Suite 20, Boca Raton, FL, 33432
       (voice) 561-750-3000, (fax) 561-750-3364, info@csgrr.com/
  • Coughlin Stoia Geller Rudman & Robbins LLP (San Diego)
      655 West Broadway, Suite 1900, San Diego, CA, 92101
       (voice) 619.231.1058, (fax) 619.231.7423, info@csgrr.com/
  • Schiffrin Barroway Topaz & Kessler, LLP
       280 King of Prussia Road, Radnor, PA, 19087
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbtklaw.com
  • Strauss & Troy
      The Federal Reserve Building, 150 East Fourth Street, Cincinnati, OH, 45202-4018
       (voice) 513.621.2120, (fax) 513.241.8250, wlwoods@strauss-troy.com
  • Wolf Haldenstein Adler Freeman & Herz LLP
      270 Madison Avenue, New York, NY, 10016
       (voice) 212.545.4600, (fax) 212.686.0114, newyork@whafh.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violation of Federal Securities Laws - Demand for Jury Trial
    Type: Complaint Date on the document: 4/3/2008

    REFERENCE COMPLAINT
    Genesee County Employees’ Retirement System, et al. v. Merck & Co., Inc.,et al.
     COURT: D. New Jersey  DOCKET NUMBER: 08-CV-2177
     JUDGE NAME: Hon. Dennis M. Cavanaugh
     DATE FILED: 5/5/2008  SOURCE: Docket
     CLASS PERIOD START: 6/24/2006  CLASS PERIOD END: 3/28/2008
     TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Carella Byrne Bain Gilfillan Cecchi Stewart & Olstein
      6 Becker Farm Road, Roseland, NJ, 7068
       (voice) 973.994.1700, (fax) 973.994.1744, Info@CarellaByrne.com
  • Labaton Sucharow LLP
      140 Broadway, New York, NY, 10005
       (voice) 212.907.0700, (fax) 212.818.0477, info@labaton.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Complaint And Demand For Jury Trial
    Type: Complaint Date on the document: 5/5/2008
    US District Court Civil Docket
    Type: Docket Date on the document: 5/6/2008

     OTHER DOCUMENTS
    Demand For Jury Trial Class Action Complaint For Violation Of The Federal Securities Laws
    Case Name and/or Number: Philippe Hofmans, et al. v. Merck & Co., Inc.,et al.
    Type: Complaint Date on the document: 5/7/2008

    WARNING AND DISCLAIMER OF LIABILITY:
    The information included on this Web site, whether provided by personnel employed by Stanford Law School or by third parties, is provided for research and teaching purposes only. Neither Stanford University, Stanford Law School, nor any of their employees, agents, contractors, or affiliates warrant the accuracy or completeness of the information or analyses displayed herein, and we caution all readers that inclusion of any information on this site does not constitute an endorsement of the truthfulness or accuracy of that information. In particular, this Web site contains complaints and other documents filed in federal and state courts, which make allegations that may or may not be accurate. No reader should, on the basis of information contained in or referenced by this Web site, assume that any of these allegations are truthful.
    Go to Search  page | Go to Case Index  page | Back to Top