The 3rd U.S. Circuit Court of Appeals on July 18 gave Merck & Co. Inc. shareholders a second chance to seek to use after-acquired information in their derivative suits against officer and directors for allegedly concealing the health risks of the painkiller Vioxx.

The court ruled that U.S. District Judge Stanley Chesler of the New Jersey District erred by refusing to consider new information, which resulted from a consensual stipulation, in dismissing the suit.