Judge Labels Fraudulent Joinder Argument 'Frivolous,' Remands Vioxx Case

CHICAGO - Calling defendant Merck & Co.'s attempt to remove a Vioxx case to federal court 'frivolous,' a federal judge has remanded claims asserted on behalf of an Illinois woman who died during surgery to treat a heart attack allegedly linked to arthritis drug. Smith v. Condell Medical Center, et al., No. 05 C 339 (N.D. Ill.).

In a sharply worded sua sponte memorandum opinion and order issued Jan. 21, Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois accused Merck of having a 'myopic view' of the case and patently ignoring eight additional …