Federal Judge Refuses to Remand, Then Refuses to Stay Vioxx Action

SEATTLE - A federal judge recently refused to stay a Vioxx class action, but only after ruling that the plaintiffs failed to show that the case had been wrongly removed by Merck under the recently enacted Class Action Fairness Act. Waitt v. Merck & Co. Inc., et al., No. 05-0759 (W.D. Wash.).

U.S. Judge Robert S. Lasnik of the U.S. District Court for the Western District of Washington held July 27 that under the CAFA, it is the plaintiffs' burden to prove that the class action would not be subject to damage and class member restrictions imposed by the new …