Class Action Cites Zetia & Vytorin

Recent Cases

In a shareholder's class action that neatly summarizes complaints about Schering-Plough Corp.'s sales of its cholesterol drugs Zetia and Vytorin, the Arkansas Teacher Retirement System claims: "Sixteen months after completion of a study showing that its two most profitable drugs had no greater health benefit than far cheaper generic competitors - and may even be harmful - Schering sold over $4 billion of its own securities to the investing without disclosing the results of the study. This lack of disclosure violated the securities laws."

    The complaint continues: "It took the Company another five months to disclose some of the study results and when it did, Schering's stock dropped precipitously and investors were harmed. Ten weeks after that initial disclosure, Schering disclosed the study results in their entirety, which caused the stock to drop even further.

    "Defendant Schering manufactures and markets two anti-cholesterol drugs called Zetia and Vytorin. Vytorin is a combination of Zetia and Zocor - in generic form, simvastatin - and is jointly manufactured and marketed with Merck & Co., Inc. Total sales of Zetia and Vytorin were $3.9 billion in 2006 and $5.2 billion in 2007. These drugs are Schering's most profitable, accounting for 70 percent of its profits, by one estimate."

    This is not the first such class action against Schering-Plough. Courthouse News reports it because its first six pages contain a clear and concise summary of the allegations, and the history of the medical trials that Schering allegedly failed to disclose.

    Plaintiffs are represented by James Cecchi with Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein of Roseland, N.J.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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