Judge Rejects Merck's Fraudulent Joinder, Improper Misjoinder Arguments

LOS ANGELES - A federal judge has rejected a claim by Merck & Co. Inc. that several plaintiffs in a California Vioxx suit were improperly misjoined to the complaint and that the plaintiffs similarly fraudulently joined a distributor defendant for the purpose of keeping the case in state court. Anderson v. Merck & Co. Inc., No. 05-4036 (C.D. Calif.).

In a motion remanding the case to the Los Angeles County Superior Court, Judge John F. Walter of the U.S. District Court for the Central District of California held that the complaint - which was filed by plaintiffs from California, New …