ENHANCE-Era Securities Plaintiffs Allowed To Plead New December 6, 2006 Vytorin 2007 Guidance Claim: Court Opinion

Two new paragraphs -- numbered 356 and 357 -- which point to allegedly material, knowing falsehoods in a December 6, 2006 legacy Schering-Plough guidance press release, and accompanying statements, related to 2007 revenue projections for Vytorin and Zetia, have been allowed by the New Jersey federal District Courts. Here is U.S. Magistrate Dickson's just-entered opinion (an eight-page PDF file). Note that this is the same set of suits that are based on up to eight confidential witnesses, each of whom were -- at the time -- employees of legacy Schering-Plough.

This latest federal District Court opinion will strengthen the plaintiffs' hand in settlement negotiations significantly.