Plaintiffs Seek Remand of Medical Monitoring Class Action

EAST ST. LOUIS, Ill. - Plaintiffs in a Vioxx medical monitoring class action removed recently to federal court have filed a motion to remand the case, claiming that defendant Merck & Co. has mischaracterized the type of relief sought by plaintiffs in their complaint. Caruso v. Merck and Company, Inc., No. 04-759 (S.D. Ill.).

In a motion filed Nov. 15, the plaintiffs argue that at no point have they sought expenses or injunctive relief that would result in the amount in controversy exceeding the $75,000 threshold necessary to keep the case in federal court.

The class action was filed earlier …