Merck Argues Claims against Sales Reps Lack Particularity

TAMPA, Fla. - A Florida man's case against the maker of Vioxx should remain in federal court because the plaintiff failed to sufficiently plead that two of its in-state sales representatives could be found liable for his injuries, the manufacturer stated in an April 5 motion opposing remand. Kozic v. Merck & Co. Inc., et al. No. 04-0324 (M.D. Fla.).

Merck stated in its memorandum in opposition to Refic Kozic's motion to remand that he failed to allege any facts to support the imposition of liability on sales representatives Gena Ghazzi and John Kilkelly, and failed to allege any legal …