Merck Says Employee Defendants Fraudulently Joined, Opposes Remand

NEW ORLEANS - Merck recently filed an opposition to a motion plaintiffs filed in the Vioxx MDL to remand a case to Missouri state court based upon diversity jurisdiction and the alleged fraudulent joinder of two Merck employees. In re: Vioxx Products Liability Litigation, MDL Docket No. 1657 (E.D. La.).

The opposition, filed Dec. 21 in the U.S. District Court for the Eastern District of Louisiana, contends that the plaintiffs fraudulently joined two non-diverse Merck employee defendants 'in a transparent attempt to defeat Merck's removal rights.' Merck states that the citizenship of Amy Sepko and Sherry Alberts should be ignored …