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PLUBELL v. MERCK & CO., INC.

No. WD 69808.

289 S.W.3d 707 (2009)

Mary PLUBELL, et al., Respondent, v. MERCK & CO., INC., Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 23, 2009.

Application for Transfer Denied September 1, 2009.

Attorney(s) appearing for the Case

John C. Aisenbrey and George F. Verschelden, Kansas City, MO, for Appellant.

Patrick J. Stueve, Norman E. Siegel, Todd E. Hilton, Kansas City, and Don M. Downing, St. Louis, MO, for Respondent.

Before JAMES E. WELSH, P.J., THOMAS H. NEWTON, C.J., and WILLIAM E. TURNAGE, SR. J.

THOMAS H. NEWTON, Chief Judge.

Merck & Co., Inc. (Merck) appeals from the trial court's order certifying a class action for claims brought under the Missouri Merchandising Practices Act (MMPA), sections 407.010 to 407.130,1 related to Merck's sale of the drug Vioxx. Merck argues that the class does not meet the requirement that common issues predominate and that the two class representatives, Mary Plubell and Ted Ivey (Plaintiffs)...

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