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
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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
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
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
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).
2