Texas Firms Claim Certain Provisions of Vioxx Settlement are Unenforceable

NEW ORLEANS - A group of lawyers representing Vioxx claimants in Texas have filed a motion in the MDL, asking the court to declare certain portions of the recent $4.5 billion settlement with Merck unenforceable because they violate state bar rules and cause potential for a significant delay in the receipt of settlement funds. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

The motion, filed Dec. 14 in the U.S. District Court for the Eastern District of Louisiana, seeks to invalidate provisions in the settlement requiring counsel to recommend settlement to either all or none of their …