In court, Merck's attorneys were often chided by the judge in the case, Carol Higbee.

FORBES: Merck Wins Battle, Faces War

The jury, Rubin contended, was misled by Judge Higbee's instructions which did not mention that U.S. Food and Drug Administration regulations do not require the submission of preliminary or statistically invalid data.

FORBES: Magazine Article

Jami Rubin, a pharmaceuticals analyst with Morgan Stanley, believes New Jersey Superior Court Judge Carol Higbee has tried, through her actions and rulings, to dissuade Merck from pursuing a long and drawn out legal fight.

FORBES: A Hopeful Sign For Merck