UPDATE:Obama Administration Sides With Investors In Merck Securities Case
October 26 2009 - 6:55PM
Dow Jones News
The Obama administration sided with investors Monday in a U.S.
Supreme Court case that examines whether shareholders of Merck
& Co. Inc. (MRK) waited too long to file securities lawsuits
alleging the drug maker misrepresented the safety of painkiller
drug Vioxx, which it removed from the market in 2004.
U.S. Solicitor General Elena Kagan, the federal government's
lawyer at the Supreme Court, argued in a friend-of-the court brief
that the lawsuits weren't filed too late.
The brief is the latest sign that the solicitor general's office
under the Obama administration is taking a friendlier approach to
investor lawsuits. In June, the office filed a legal brief
supporting investors in an important high-court dispute on
mutual-fund fees.
The Bush administration had sided against investors in several
Supreme Court cases.
Investors are seeking billions of dollars in damages from Merck.
They filed the first of several securities lawsuits against the
Whitehouse Station, N.J.-based drug maker in November 2003,
alleging it misled them by downplaying the significance of
clinical-trial results that appeared to show that patients taking
Vioxx faced an increased risk of heart attack.
The investors said this alleged deception caused them to pay
inflated prices for Merck's stock.
The central issue before the Supreme Court focuses on when
investors should have known that there was a possible Vioxx
fraud.
Merck argued that investors should have filed their lawsuits
earlier because there was an overwhelming amount of public
information available by late-2001 suggesting the possibility that
the company made misstatements about the safety of Vioxx.
But Merck also has said it properly informed the U.S. Food and
Drug Administration and the scientific community about
Vioxx-related data as it emerged.
A loss for Merck could eliminate one line of defense that
companies use to fend off shareholder lawsuits.
A Merck legal spokesman, Kent Jarrell, said the company would
file its rebuttal to the solicitor general next month. Merck's
actions, communications and disclosures concerning Vioxx were
appropriate and timely, Jarrell said.
The case will be argued on Nov. 30, with a decision expected by
the end of June.
-By Brent Kendall, Dow Jones Newswires; 202-862-9222;
brent.kendall@dowjones.com