From our private database of 28,700+ case briefs...
In re Vioxx Products Liability Litigation
United States District Court for the Eastern District of Louisiana
239 F.R.D. 450 (2006)
Merck & Co. Inc. (Merck) (defendant) was sued by thousands of individuals and numerous putative class actions (plaintiffs) for product-liability and personal-injury issues related to the drug Vioxx. Vioxx was marketed and prescribed to safely relieve pain and inflammation but allegedly caused undisclosed serious medical problems, like heart attacks. The lawsuits were all transferred to the Eastern District of Louisiana and given multidistrict-litigation status. The district court was called on to decide a motion to certify a nationwide class under Rule 23 of the Federal Rules of Civil Procedure. The proposed class would consist of persons residing in 51 jurisdictions of the United States and be represented by two New Jersey residents who took Vioxx and suffered heart problems. Merck was headquartered in New Jersey. The movants contended that New Jersey substantive law should apply and that a class action was appropriate. Merck argued in opposition that the proposed class members’ claims must be adjudicated under the substantive laws of the states in which they resided, ingested, and were injured by Vioxx, defeating class certification.
Rule of Law
Holding and Reasoning (Fallon, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 546,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.