Judge Remands Vioxx Case, Finds Aggregation Improper

EAST ST. LOUIS, Ill. - A federal judge has remanded a consumer fraud Vioxx class action filed against Merck & Co. after determining that the defendant failed to meet its burden of showing that the damages sought would exceed the jurisdictional threshold. Amisch, et al. v. Merck & Co., Inc., No. 04-847 (S.D. Ill.).

In a memorandum and order issued March 11, Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois ruled that the federal court does not have jurisdiction over the case, which the class representative said would not result in damages exceeding …