Motion to Remand Alleges Merck's Removal Notices Were Defective, Filed Prematurely

CHICAGO-A plaintiff's motion to remand a Vioxx products liability action claims that Merck's removal notices were prematurely filed and defective because they superceded Illinois' Code of Civil Procedure. Zeedyk v. Merck, Co., No. 02-C-4203 (N.D. Ill.).

The motion seeks a court order that will strike or deny with prejudice both of the defendant's notices of removal. It also requests that the proceedings be remanded to the Cook County Circuit Court for lack of subject matter jurisdiction pursuant to USC §1447(c), because although the plaintiff and defendant are diverse citizens, the amount in controversy does not exceed $75,000, the motion says.