The scrappy attorney, who works for the big Dechert law firm that represents Merck in the Vioxx trials in Atlantic City, ticked off the judge - again.

Sullivan was called “unprofessional, unethical and contempuous” by New Jersey Superior Court Judge Carol Higbee for violating an order. And in a previous trial in late 2005, Sullivan defied Higbee in open court with an outburst - she wouldn’t keep quiet or sit down when told.

The lawyer won that first trial, so her brazen behavior may have been overlooked. But if Sullivan continues to anger Higbee, at some point, she has to become a liability for Merck. The question is - when?

Maybe it would make sense to lower her profile now, if not pull her off the case. Any thoughts on what this might mean for Merck’s legal strategy?

[tags]Carol Higbee, Diane Sullivan, Merck, Vioxx[/tags]