Indiana Judge Remands Vioxx Consumer Class Action

INDIANAPOLIS - A federal judge recently remanded a putative class action filed on behalf of residents seeking reimbursement for money they paid for the now-withdrawn arthritis drug, Vioxx, determining that Merck & Co. failed to demonstrate that the damages sought by the class would exceed $75,000. Kantner v. Merck & Co., Inc., No. 04-2044 (S.D. Ind.).

In a decision rendered Jan. 26, Judge Tinder of the U.S. District Court for the Southern District of Indiana ruled that the federal court does not have jurisdiction over the plaintiffs' claims because they have disclaimed any recovery that would exceed the amount in …