After a three-justice panel of Houston’s 14th Court of Appeals reversed a judgment in the nation’s first Vioxx trial, plaintiffs’ lawyer W. Mark Lanier vowed to appeal it on behalf of his client. He called the opinion “judicial activism for corporate America.”
Now, more than two months after the May 29 opinion reversing the judgment in Carol Ernst v. Merck & Co. Inc., Ernst has filed a motion seeking a rehearing en banc. On Aug. 18, the 14th Court asked Merck to file a response to the motion for rehearing.
