Merck Unsuccessful in Persuading Judge to Prohibit Dismissal of Class Action

KANSAS CITY, Mo. - A judge who granted a motion by plaintiffs to dismiss a Vioxx economic injury and medical monitoring class action after the court refused to remand the case has turned back an effort by Merck & Co. to prevent the claims from being re-filed in state court. Richardson v. Merck & Co., Inc., No. 04-0953 (W.D. Mo.).

In an order entered Dec. 14, Judge Howard F. Sachs denied Merck's motion to reconsider the court's Dec. 9 order dismissing the case. Judge Sachs noted that while he understands Merck's desire to keep the case in federal court, Congress …