Briefs Exchanged in Jurisdictional Battle over Twice-Removed Vioxx Case

NEW ORLEANS - Parties in a Vioxx MDL case that has traveled twice between state and federal courts are again locked in a dispute over whether the case should be immediately remanded or remain in the MDL.Garza v. Heart Clinic, P.A., No. 05-2586 (E.D. La.).

In briefs filed last month, Merck and representatives of the estate of Leonel Garza accuse one another of procedural tactics that have prompted the jurisdiction dispute now before the MDL court, where Judge Eldon E. Fallon has said he will address remand concerns in groups of cases at a later date.

Representatives for Garza said …