Recently the trend has been against cases like this. It is getting harder and harder for class actions to be certified. This case presents an interesting exposé on Merck marketing practices.

CLASS ACTIONS VS. MERCK, SCHERING OVER VYTORIN GET JUDGE'S GO AHEAD

A federal judge on Tuesday certified as class actions a pair of suits claiming Merck & Co. and the former Schering-Plough Corporation withheld information about the effectiveness of the anticholesterol drug Vytorin. Schering, the drug's maker, comarketed it with Merck through a joint venture prior to the merger of the two companies in November 2009. The lead plaintiffs — pension funds that invested in the companies — allege they concealed unfavorable results of a clinical trial known as the ENHANCE study, which was completed in 2006. “This is a classic example of a case that warrants class action,” said U.S. District Judge Dennis Cavanaugh.