Merck Argues Failure to Comply with Texas Law Demonstrates Fraudulent Joinder

DALLAS - A physician accused of negligence in a Vioxx-related injury suit is fraudulently joined because the plaintiffs failed to comply with a Texas law that requires the submission of expert reports within 180 days of filing suit, Merck argues. Ward v. Merck & Co. Inc. et al.No. 04-CV-0616 (N.D. Texas)

The manufacturer asserts in its May 12 Response in Opposition to Teresa Ward's motion to remand that she filed a motion to extend the expert report deadline the same day as Merck filed its notice of removal. Therefore, the claims against Ward's prescribing physician, Dr. Charles Everett, should be …