Merck Says Evidence Insufficient for Remittitur, Requests New Trial

NEW ORLEANS - A federal judge's remission of a jury's "excessive" $50 million compensatory damages award in a Vioxx case was based on insufficient evidence and usurped the jury's function in violation of the Seventh Amendment, Merck & Co. Inc. has asserted in moving for a new trial on all issues. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Barnett v. Merck & Co. Inc., No. 06-485 (E.D. La.).

In a July 13 motion, Merck contends there is no way Judge Eldon E. Fallon of the U.S. District Court for the Eastern District of Louisiana could determine, in remitting …