Judge Says Plaintiff Never Intended to Pursue Claims Against Physician, Denies Remand

LUFKIN, Texas - A federal judge in Texas has applied an equitable tolling exception to the one-year limitation to remove a Vioxx personal injury case after determining that the plaintiff abandoned her claim against the non-diverse physician named in the complaint. Davis v. Merck & Co., Inc., et al., No. 04-229 (E.D. Texas).

In an order denying remand of the action, Judge Ron Clark of the U.S. District Court for the Eastern District of Texas ruled Feb. 24 that defendant Merck & Co.'s removal of the case more than a year after it was filed should be permitted because plaintiff …