HEALTH AND BEAUTY CLOSE-UP-13 September 2008-Federal Court of Appeals Reverses District Court Ruling Dismissing VIOXX Securities Class Action(C)2008 - CloseUpMedia - newsdesk@closeupmedia.com

Merck & Co. said that it is considering asking either the full court of appeals or the U.S. Supreme

The suit, brought by investors in connection with disclosures regarding VIOXX, had been dismissed by a federal district court in April 2007.

In the divided ruling, the panel reversed a ruling by a District Judge of the U.S. District Court in Newark, N.J. The judge had found that the securities action should be dismissed because all of the plaintiffs' claims were time-barred under the applicable statutes of limitations.

Merck presented several alternative grounds for dismissing the lawsuit. In reaching his April 2007 decision to dismiss the suit, the District Judge considered arguments regarding the timeliness of the suit, but did not address the alternative grounds for dismissal that Merck had presented. As a result, if the ruling is not reversed, Merck will renew its request to dismiss the suit on those alternative grounds. In the process, the Company will seek to rely upon a new standard established by the Supreme Court after the April 2007 ruling that imposes a higher bar for plaintiffs pursuing a securities case. The panel has made no ruling on the merits of the plaintiffs' lawsuit.

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