Court's Refusal to Grant Mandamus Was Proper, Kentucky High Court Rules

FRANKFORT, Ky. - An appellate court did not err in denying Merck & Company Inc.'s petition for a writ of mandamus directing a trial court to deny class action certification to a Vioxx plaintiff and to grant Merck's motion for summary judgment, the Kentucky Supreme Court has ruled. Merck & Company Inc. v. Ratliff, No. 10-529 (Ky. Sup. Ct.).

The court held that mandamus is not appropriate for challenging a trial court's discretion in certifying a class or denying summary judgment.

In May 1999, the Food and Drug Administration approved Vioxx for sale in the United States. Merck withdrew the …