Merck Failed to Show Damages Exceed Jurisdictional Limit, Judge Remands Vioxx Injury Case

TAMPA, Fla. - A federal judge remanded a Vioxx-related cardiac injury case, ruling that Merck failed to adequately demonstrate in its notice of removal that the plaintiff's request for damages exceeded the jurisdictional limit of $75,000. Refic Kozic v. Merck & Co., Inc., et al., No. 03-CV-2275-T-26EAJ (M.D. Fla., Tampa Div.).

When a plaintiff fails to specify the total amount of damages demanded, a defendant seeking removal based on diversity jurisdiction must establish by a 'preponderance of the evidence' that the award will exceed the jurisdictional amount, U.S. District Judge Richard A. Lazzara ruled in a Nov. 3 sua sponte …