When Cobb v. Merck, et al. was filed, I predicted. . . .

. . .that it was only a matter of time, before these newer ERISA inherent-conflict-of-interest/breach of fiduciary duties allegations would find their way into a new, or amended, ERISA putative class action complaint against Schering-Plough, and its directors and some of its officers, personally.

It looks like that happened on May 19, 2008 [but it did not appear on the electronic docket of the US District Courthouse in Newark, New Jersey, as a filed case, until last night -- because counsel filed solely in paper format on the 19^th, and was duly admonished about the federal Rules on Electronic Filings on the 22^nd. Heh. The original Schering ERISA case on the ENHANCE-related factual allegations, Gradone, is imaged, at right. Click it to enlarge.]

And so, as of last night, Oettinger, et al. v. Schering-Plough Corp., et al., Case No. 08-2436 (a putative Class Action Complaint, filed May 19, 2008) has fufilled that prophecy -- a case alleging those new theories (related to the inherent, unresolvable conflicts of interest endemic in situations such as those Merck, and Schering created, vis-a-vis the ERISA plans of each).

The Oettinger case also alleges personal liability violations of ERISA against CEO Fred Hassan, the entire Schering-Plough Board of Directors, and "John/Jane Does 1 through 10" -- the non-director, but Schering-employed Plan Fiduciaries, inside the company, serving in "dual roles" -- one role, for the ERISA plan(s), and the other role, for the company itself. Bob Bertolini is mentioned here.

This is how -- from a small spark, back in early March 2008 -- a bon-fire seems to begin.