Court limits Vioxx monitoring payments by Merck
Court Alerts
Drugmaker Merck & Co. doesn't have to cover medical-monitoring expenses for Vioxx users who aren't claiming injury from the recalled painkiller, the New Jersey Supreme Court ruled.
Phyllis Sinclair and Joseph Murray sued Merck in 2004, seeking to have the company fund a medical-screening program for U.S. consumers who took Vioxx for at least six weeks. New Jersey law requires plaintiffs to show physical injury, the Supreme Court said in an opinion.
In addition to punitive damages, the suit sought to have the Whitehouse Station, N. J.-based company fund a screening program to provide diagnostic tests for each member of the proposed class and a follow-up with an epidemiologist.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.