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Merck Must Face Class Claims In Vaccine Antitrust Suit

Law360

August 28, 2024

Merck cannot strike class claims in antitrust litigation over its rotavirus vaccine, a Pennsylvania federal judge ruled Wednesday, while also allowing the city of Baltimore to eliminate redundancies in its complaint.

U.S. District Judge Gerald A. McHugh disagreed with Merck’s position that there was no way to feasibly identify class members and that continued class certification proceedings would be burdensome. In the same decision, he approved Baltimore’s request to change the proposed class definition and withdraw its demand for a jury trial.

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Baltimore’s mayor and city council and the proposed class are represented by Daniel Silverman, Leonardo Chingcuanco and Sharon Robertson of Cohen Milstein Sellers & Toll PLLC, Daniel Walker, Eric Cramer, Russell Paul and David Langer of Berger Montague PC, and Ebony Thompson and Jane Lewis of the Baltimore Solicitor’s Office.

Read Merck Must Face Class Claims In Vaccine Antitrust Suit.