Merck Claims Plaintiff Manipulated Diversity Rules in Allowing Doctor's Dismissal

LUFKIN, Texas - Merck & Co., Inc. is challenging a Texas plaintiff's motion to remand a Vioxx personal injury suit on the ground that she failed to submit a medical expert report in support of claims against a non-diverse doctor named as a defendant in the case. Davis v. Merck & Co., Inc., et al., No. 04-229 (E.D. Texas).

In a response to plaintiff Pearlie B. Davis' motion to remand her suit to Harris County District Court, Merck contends that it properly removed the case after the physician was dismissed by the state court. Merck further argues that although the …