Merck Claims Plaintiff's Motion for Class Certification Fails to Meet the Requirements of Rule 23

CHICAGO - Merck & Co., the manufacturer of Vioxx, is opposing an Illinois man's motion to certify a nationwide class of individuals who seek to recover economic damages from the company on grounds that the plaintiff failed to meet the requirements of Federal Rule for Civil Procedure 23. Zeedyk, et al., v. Merck & Co., No. 02-C-4203 (N.D. Ill.).

In addition, the drug maker's Dec. 2 memorandum of law in opposition to the plaintiff's motion for class certification contends that the plaintiff has constantly changed his allegations and that the Seventh Circuit U.S. Court of Appeals has previously ruled that …