Merck Moves to Vacate Award of Attorneys' Fees in Jurisdictional Dispute

EAST ST. LOUIS, Ill. - Merck & Co. has asked a federal judge to vacate an award of attorneys' fees to plaintiffs in two Vioxx personal injury cases after the court found that it did not have jurisdiction over the cases. Brame v. Merck & Co., No. 05-034; McQuay v. Merck & Co., No. 05-038 (S.D. Ill.).

In motions filed March 11, Merck claims that its arguments in support of removal based on the fraudulent joinder of Walgreens Pharmacy were meritorious and did not necessitate the court's award of fees to the prevailing parties.

Merck further contends that the …