THE LEGAL UNDERGROUND PODCAST Episode #35: Will It Be Bankruptcy for Merck? . . . In this episode, I dispensed with the usual fun and games to consider in more detail the $253 million verdict against Merck in a Texas Vioxx trial. In addition, I explored UCLA corporate law professor Stephen Bainbridge's comment that after the verdict, "[t]he odds that Merck eventually ends up pulling a Johns Manville and resolving these cases via bankruptcy reorganization just went up--a lot."
Bainbridge's remark was much-quoted around the blogosphere. But does it really mean, as David Giacalone says, that "Bainbridge fears that Merck will go bankrupt"? Listen to find out. Running time: 13 minutes.
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Additional show notes. Here are links to some of the items discussed in the podcast:
- New York Times: "For Merck, Vioxx Paper Trail Won't Go Away."
- Point of Law: "Applying Texas Punitive Caps in Ernst v. Merck."
- Kevin, M.D., quoting Illiterate Withdrawal: "This is yet another example of frivolous lawsuits that are brought by greedy lawyers and a sue happy America."
- In re SGL Carbon Corporation (the 3d Circuit Court of Appeals case I mention).
- My collected Vioxx posts;
- The Wired CD, including songs by David Byrne ("My Fair Lady") and Paul Westerberg ("Looking Up in Heaven").
UPDATE . . . For all of my collected Vioxx posts, look here. If you are (a) someone who was harmed by Vioxx or (b) a lawyer who wants to refer your Vioxx cases to a highly-competent team of mass-tort lawyers, look here.