Appeals On The Attorneys' Fees Portion Of The Settled ENHANCE Vytorin® Securities Litigation May Well Be Dying

You may recall that the ENHANCE-Era Vytorin^® federal securities fraud class action settlement is now complete -- except for paying out the funds due to the lawyers.

That fee payout was appealed in the federal courts, last fall. And the appellate court has ruled that people opposing the fee payout will need to post a 10 per cent bond, in order to have the appeal heard. Afterall, the trial court has ruled that the fees are fair. Merck does not oppose the payment -- it thinks that they are (impliedly) fair. And the plaintiffs' various lawyers have been waiting almost five and a half years to get paid, here. So, the fees amount to $116 million -- which means a bond of $11.6 million is needed from anyone challenging the fairness of the legal fees award. Wow. A few days ago, the appellate panel dismissed two of the appellants for failure to post the bond. It has given the only remaining person, one Franklin DeJulius, until this coming Monday, at 4:30 PM Eastern Daylight time, to post the required bond. I predict that will not happen. So this should all end shortly.

. . . .The appeal of Dr. Marshall J. Orloff and the Orloff Family Trust DTD 12/13/01, No. 13-4328, is dismissed for failure to pay the appeal bond.

Appellant Franklin DeJulius, No. 13-4253, is directed to pay the appeal bond by April 28, 2014. Failure to pay the appeal bond by that date will result in dismissal. We recognize that a motion for reconsideration is pending before the District Court. We request that the Court expedite its consideration of the motion.

Whether it reduces the amount of the appeal bond before April 28, 2014, DeJulius is directed to pay the amount due by that date or face dismissal.

By the Court,

/s/ Thomas L. Ambro, Circuit Judge

April 17, 2014. . .

So it goes. And that, my friends, feels. . . entirely. . . just. Have a great weekend, one and all!