The Texas Attorney had filed a lawsuit in 2005 seeking a refund for money the state spent on Merck’s controversial painkiller, which had been withdrawn from the market the previous year over links to heart attacks and strokes. The suit sought damages and penalties from Merck for alleged violations of the Texas Medicaid Fraud Prevention Act.

But Judge Scott Jenkins of Travis County, Texas District Court ruled in favor of Merck’s motion for summary judgment, according to a statement from the drugmaker, which also noted the case is the first of 12 similar lawsuits filed by state attorneys general to reach a final judgment at the trial court level. In April, a trial in the case filed against Merck by the Louisiana Attorney General is scheduled to begin in federal court in New Orleans.

In November 2007, Merck agreed to pay $4.85 billion to settle personal injury claims filed in the US and the drugmaker has said nearly everyone eligible enrolled in the deal (some background). And in May 2008, Merck agreed to pay $58 million to 29 states and the District of Columbia to resolve Vioxx investigations into violations of state consumer protection laws (see here).