U.S. Court of Appeals for the Fifth Circuit, 2013

In re: Vioxx Prod Liability

U.S. Court of Appeals for the Fifth Circuit · Decided June 18, 2013

Opinion

Case: 12-30935 Document: 00512278460 Page: 1 Date Filed: 06/18/2013

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED June 18, 2013 No. 12-30935 Summary Calendar Lyle W. Cayce Clerk IN RE: VIOXX PRODUCTS LIABILITY LITIGATION ------------------------------------------------------------------------------ WALTER J. ROACH, JR., Administrator of the Estate of Joanne I. Roach, Deceased, Plaintiff - Appellant v. MERCK AND COMPANY, INCORPORATED, Defendant - Appellee

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-MD-1657

Before HIGGINBOTHAM, OWEN, and SOUTHWICK, Circuit Judges.

PER CURIAM:* This appeal concerns one of the remaining personal injury claims in the Vioxx litigation. The district court granted Merck’s motion for summary judgment, concluding that the Plaintiff’s action was barred by the applicable Case: 12-30935 Document: 00512278460 Page: 2 Date Filed: 06/18/2013 No. 12-30935 statute of limitations. We AFFIRM the district court’s order granting summary judgment in favor of Merck for essentially the same reasons set forth in its Order & Reasons.1

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 Plaintiff-Appellant argues, for the first time on appeal, that Merck waived its statute of limitations defense. We can find no indication in the record that Plaintiff-Appellant made this argument in the district court. Keeping with our well-settled rule that “arguments not raised before the district court are waived and cannot be raised for the first time on appeal,” we do not address the argument. LeMaire v. Louisiana Dept. of Transp. & Dev., 480 F.3d 383, 387 (5th Cir. 2007).

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