Judge Remands Vioxx Stroke Case, Rejects Merck Fraudulent Joinder Argument

EAST ST. LOUIS, Ill. - A drug retailer named in a suit alleging injury caused by Vioxx was not fraudulently joined for the purpose of defeating diversity, a federal judge in Illinois has ruled in remanding the case to state court. Karwoski v. Merck & Co., et al., No. 05-0127 (S.D. Ill.).

Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois remanded the claims of Chester Karwoski on March 15, determining that defendant Merck failed to meet its burden in removing the case.

'As in other cases, the Court is not persuaded by conclusory …