Merck Moves for Judgment in Vioxx Case as Alternative to New Trial

NEW ORLEANS - Merck & Co. Inc. has renewed its motion for judgment as a matter of law in the federal Barnett case, arguing the plaintiff did not introduce legally sufficient evidence to warrant a jury verdict in his favor. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Merck had previously moved on Sept. 8 for a new trial in Barnett v. Merck & Co. Inc., No. 06-485, that would cover all issues, instead of just damages as ordered by Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana on Aug. …