Schering-Plough Corporation - Securities Class Action

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Stanford Law School

Schering-Plough Corporation Summary: According to a press release dated January 18, 2008, Schering-Plough engages in the discovery, development, manufacture, and marketing of medical therapies and treatments worldwide. The complaint alleges that the Company and certain of its officers and/or directors failed to disclose and misrepresented material adverse facts known to defendants or recklessly disregarded by them, thereby artificially inflating the value of Schering Plough shares during the Class Period. Specifically, the complaint alleges that, during the Class Period, the Company and the other defendants misled investors regarding the increased efficacy of Vytorin, a combination of Zetia and Zocor, over the cheaper generic form of Zocor (simvastatin), alone, and delayed disclosing results of the ENHANCE study demonstrating that Vytorin was not more efficacious than simvastatin.

On February 28, 2008, a stipulation and proposed order in regards to consolidating related securities actions was entered. Just as quickly, a motion to appoint lead plaintiff, lead counsel as well as to consolidate cases was filed on March 18, 2008 by several groups and individuals. As a result, the court entered an order on March 27, 2008 to consolidate case 08-CV-1000 under 08-CV-897 for all purposes. As for the appointment of lead plaintiffs and counsels, the court granted the motion filed earlier and entered its order on April 18, 2008.

On September 15, 2008, a consolidated class action complaint was filed with the court.

On September 02, 2009, the Defendants motions to dismiss Plaintiffs’ claims under the Exchange Act of 1934 and Securities Act of 1933 for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) were denied by the court.

Soon after on September 17, 2009, the defendants filed a motion for Reconsideration on the earlier Motions to Dismiss, or, In The Alternative, for Certification of the Court's Opinion and Order for Interlocutory Appeal Under 28 U.S.C. 1292(b).

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

COMPANY/ISSUER NAME:	Schering-Plough Corporation
COMPANY/ISSUER TICKER:	SGP
COMPANY WEBSITE:	http://www.schering-plough.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

F. Richard Manson, et al. v. Schering-Plough Corporation, et al.

COURT: D. New Jersey	DOCKET NUMBER: 08-CV-00397
JUDGE NAME: Hon. Dennis M. Cavanaugh
DATE FILED: 01/18/2008	SOURCE: Notice of Filing
CLASS PERIOD START: 07/24/2006	CLASS PERIOD END: 01/14/2008
TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Brower Piven (Baltimore) The World Trade Center-Baltimore. 401 East Pratt Street, Suite 2525, Baltimore, MD, (voice) 410.332.0030, (fax) 410.685.1300, info@browerpiven.com Carella Byrne Bain Gilfillan Cecchi Stewart & Olstein 5 Becker Farm Road, Roseland, NJ, 7068 (voice) 973.994.1700, (fax) 973.994.1744, Info@CarellaByrne.com Cohn, Lifland, Pearlman, Herrmann & Knopf Park 80 Plaza West-One, Saddle Brook, NJ, 7663 (voice) 201845.9600, (fax) , info@njlawfirm.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/ Kahn Gauthier Swick, LLC (New Orleans) 650 Poydras St. Suite 2150, New Orleans, LA, 70130 (voice) 504.455.1400, (fax) , lewis.kahn@kglg.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 5

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Class Action Complaint for Violations of Federal Securities Laws - Demand for Trial by Jury
Type: Complaint		Date on the document: 01/18/2008
Stipulation And Order Consolidating Related Securities Actions And Setting Schedule For Defendants' Answering Time
Type: Order		Date on the document: 2/28/2008
[Proposed] Order Appointing The Public Pension Funds As Lead Plaintiff And Approving Their Selection Of Counsel For The Class
Type: Order		Date on the document: 4/18/2008

REFERENCE COMPLAINT

In Re Schering-Plough Corporation

COURT: D. New Jersey	DOCKET NUMBER: 08-CV-00397
JUDGE NAME:
DATE FILED: 09/15/2008	SOURCE: Docket
CLASS PERIOD START: 07/24/2006	CLASS PERIOD END: 03/28/2008
TYPE OF COMPLAINT: First Amended and Consolidated
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Bernstein Litowitz Berger & Grossmann LLP (New York, NY) 1285 Avenue of the Americas, 33rd Floor, New York, NY, 10019 (voice) 212.554.1400, (fax) 212.554.1444, blbg@blbglaw.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
Consolidated Class Action Complaint For Violations Of The Federal Securities Laws
Type: Complaint		Date on the document: 09/15/2008
Order
Type: Order		Date on the document: 09/02/2009
U.S. District Court Civil Docket
Type: Docket		Date on the document: 12/23/2009
U.S. District Court Civil Docket
Type: Other		Date on the document: 08/25/2011
U.S. District Court Civil Docket
Type: Other		Date on the document: 10/11/2011

OTHER DOCUMENTS
Class Action Complaint for Violation of the Federal Securities Laws - Demand for Jury Trial
Case Name and/or Number: Nancy Kamel, et al. v. Schering-Plough Corporation, et al.
Type: Complaint		Date on the document: 02/22/2008
Verified Derivative Complaint
Case Name and/or Number: Mary E. Cain, et al. v. Schering-Plough Corporation, et al.
Type: Complaint		Date on the document: 02/25/2008
Class Action Complaint For Violations Of The Employee Retirement Income Security Act ("ERISA")
Case Name and/or Number: Michael M. Gradone, et al. v. Schering-Plough Corporation, et al.
Type: Complaint		Date on the document: 03/19/2008
Complaint - Demand for Jury Trial
Case Name and/or Number: Arkansas Teacher Retirement System, et al. v. Schering-Plough Corporation, et al.
Type: Complaint		Date on the document: 4/7/2008

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