Florida Judge Says Merck Sales Rep Wasn't Fraudulently Joined, Remands Case

MIAMI - A federal judge in Florida has ruled that a Vioxx plaintiff's complaint includes sufficient information to state an arguable claim for negligence against a Merck sales representative, such that the court does not have jurisdiction over the case. Tomlin v. Merck & Co., et al., No. 04-14335 (S.D. Fla.).

In a Feb. 18 opinion remanding the case to St. Lucie County Circuit Court, Judge K. Michael Moore determined that defendant Merck failed to meet its burden of proving that the sales representative was fraudulently joined to the action.

Merck removed the lawsuit to Judge Moore's Southern District of …