Federal Judge Says Vioxx MDL Panel Should Decide Subject Matter Jurisdiction Issue

KANSAS CITY, Kan. - A federal judge who recently refused to stay a motion to remand a Vioxx class action has on reconsideration held that the MDL court expected to be established following a hearing next month is in a better position to consider the issue of jurisdiction. Hunter v. Merck and Company, Inc., No. 04-2518 (D. Kan.).

In an order issued Dec. 20, U.S. Magistrate Judge James P. O'Hara granted a motion by Merck & Co. Inc. to reconsider the court's Nov. 23 order staying all proceedings in the case. The order had carved out an exception for the …