In re Merck Vytorin/Zetia Securities Litigation

Case # 08-cv-02177
Case Name In re Merck Vytorin/Zetia Securities Litigation
Jurisdiction US District Court for NJ
Summary

Plaintiffs allege that Defendants gave false or misleading information about the efficacy of the drugs Vytorin and Zetia.  As a result of this misinformation, the price of Defendant's securities was artificially increased.

Final Approval Date 10/01/2013
Result
  1. Final Approval granted.
  2. All objections were overruled.
  3. The Orloff Objectors and Objector DeJulius appealed the Final Approval.
  4. Plaintiffs motioned for an appeal bond of $50,000 ($25,000 in costs and $25,000 in administrative delays).
  5. The $50,000 appeal bond was GRANTED.
  6. Objector-Appellant DeJulius posted the appeal bond in full, but motioned for reconsideration, contending that the bond was excessive.
  7. The Court denied Objector-Appellant DeJulius' motion to reconsider, noting that he had failed to oppose the initial motion and that his motion to reconsider was deficient under Local Civil Rule 7.1.
  8. The Orloff and DeJulius appeals were voluntarily dismissed.
Dismissal of Last Appeal 09/02/2014
Attachments Docket Report.pdf
Second Amended Consolidated Complaint.pdf
Preliminary Approval Order.pdf
Plaintiffs' Response to Objections.pdf
Final Opinion.pdf
Motion for Appeal Bond.pdf
Order Granting Motion for Appeal Bond.pdf
Motion to Quash Appeals.pdf
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Objection of Orloff Family Trust, Marshall J. Orloff

Objectors Orloff Family Trust
Marshall J. Orloff
Signers Forrest S. Turkish
Attorneys Forrest S. Turkish
Joseph Darrell Palmer
Summary
  1. Attorneys' fees are excessive.
    • Lodestar calculation lacks sufficient justification.

NOTE:  Attorney Palmer filed his appearance on the appeal.

Attachments Objection of Orloff Family Trust.pdf
Appeal of Orloff Objectors.pdf
Palmer Appearance for Orloff Objector-Appellants.pdf
Dismissal of Orloff Appeal.pdf
Orloff Appeal Docket.pdf
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Objection of Franklin DeJulius

Objectors Franklin DeJulius
Signers Franklin DeJulius
Vincent S. Verdiramo
Attorneys Vincent S. Verdiramo
John J. Pentz
Edward W. Cochran
Summary
  1. Attorneys' fees are excessive.

NOTE:  Attorney Cochran was listed as the "remitter" on the cashier's check for payment of the appeal bond.

Attachments Objection of Franklin DeJulius.pdf
Supplemental Objection of Franklin DeJulius.pdf
Response to Supplemental Objection of Franklin DeJulius.pdf
Appeal of Objector DeJulius.pdf
Pentz Appearance for Objector-Appellant DeJulius.pdf
DeJulius Notice of Posting Appeal Bond.pdf
DeJulius Motion to Reconsider Appeal Bond.pdf
Plaintiffs' Response to DeJulius Motion to Reconsider Appeal Bond.pdf
Order Denying DeJulius Motion to Reconsider Appeal Bond.pdf
Dismissal of DeJulius Appeal.pdf
DeJulius Appeal Docket.pdf
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