Merck Not Estopped from Asserting Fraudulent Joinder Argument; Remand Denied

ORLANDO, Fla. - Merck is not collaterally estopped from asserting that sales representative defendants in Vioxx cases were fraudulently joined for the purpose destroying diversity merely because the argument has failed in similar cases where the sales reps were named, a federal judge in Florida has ruled. Merced-Torres v. Merck & Co. Inc., No. 05-449 (M.D. Fla.).

Judge Patricia C. Fawsett of the U.S. District Court for the Southern District of Florida ruled in a May 18 opinion that because the decisions in other similar cases are not reviewable on appeal, the doctrine of offensive collateral estoppel is not applicable …