Judge Remands Vioxx Consumer Class Action, Cautions Against Amendments

FRANKFURT, Ky. - A federal judge has remanded a Vioxx consumer class action that disclaimed any damages exceeding $75,000, but has cautioned the plaintiffs against later amending the claim to include an amount that might exceed the jurisdictional threshold. Ratliff v. Merck & Company, Inc., No. 04-419 (E.D. Ky.).

In an opinion issued March 3, Judge Joseph M. Hood of the U.S. District Court for the Eastern District of Kentucky ruled that defendant Merck failed to carry its burden of proving the federal amount-in-controversy requirement in removing the plaintiffs' case to federal court.

The putative class, which is composed of …