Judge Rejects Request for Guidance on Vioxx Settlement Provision

BRIDGEPORT, Conn. - A judge has ruled that a law firm representing plaintiffs in the Vioxx litigation cannot seek a declaration on whether ethics rules prohibit the firm from recommending that either all or none of its clients accept the terms of the recent multi-billion global settlement with Merck. Stratton Faxon v. Merck & Co. Inc., et al., No. 07-1776 (D. Conn.).

Judge Stefan R. Underhill of the U.S. District Court for the District of Connecticut said in a Dec. 21 order that his court lacks jurisdiction to make the ethics determination because the settlement provisions and the potential resulting …