Plaintiffs Argue Merck Sales Rep is Not Fraudulently Joined, Move for Remand

COLUMBUS, Ga. - A Georgia couple moved to remand their Vioxx products liability case on the ground that Merck's removal of the case to federal court was deficient because an in-state sales representative failed to consent to the petition. Euldine Goins, an Individual and Wallace Goins, her Husband, v. Merck & Co., Inc., et al., No. 03-CV-70-1 (M.D. Ga.).

The plaintiffs' June 3 motion also refutes the drug maker's argument that the Bibb County detailsman is fraudulently joined because there is no possibility that the plaintiffs can prove a cause of action against him.

'The removing defendant here has made …