Judge Remands Vioxx Class Action on Second Try, Denies Fee Award

KANSAS CITY, Mo. - A federal judge has remanded a Vioxx class action after allowing plaintiffs to amend their pleading to remove allegations the judge said would have precluded its transfer back to state court. Richardson v. Merck & Co., Inc., No. 05-0070 (W.D. Mo.).

In a Feb. 3 decision, Judge Howard F. Sachs of the U.S. District Court for the Western District of Missouri said the Missouri Circuit Court can address any subsequent amendment to the plaintiffs' complaint to determine whether the putative class intends to seek damages in excess of $75,000 for each member.

Judge Sachs previously allowed …