8th Circuit Affirms Remand, Says New Class Rep. Doesn't Initiate New Action

ST. LOUIS - The Eighth U.S. Circuit Court of Appeals has affirmed a federal court's decision to remand a Vioxx putative class action to state court, saying that the substitution of a new class representative neither commenced a new action nor unfairly prejudiced Merck. Plubell v. Merck & Co. Inc., No. 05-4217 (8th Cir.).

In a Jan. 20 published opinion, the Eighth Circuit affirmed the U.S. District Court for the Western District of Missouri's decision to remand and deny Merck's claim under the Class Action Fairness Act of 2005 that a new action commenced when Mary Plubell replaced Carol Green …