Parties Object to Magistrate's Findings in His Report and Recommendation on Remand

LAKE CHARLES, La. - The parties involved in a Vioxx products liability suit objected to a magistrate judge's report and recommendation that stated the suit should be remanded because the presence of a non-diverse sales representative destroys complete diversity. Anthony J. Mallet, et ux., v. Merck & Co., et al., No. 02-2304 (W.D. La., Lake Charles Div.).

U.S. Magistrate Judge Alonzo P. Wilson's May 17 decision found that only one of the seven sales reps named as defendants in the case could be found liable for damages under state law for failing to fulfill his duty to deliver and explain …