Merck Says Vioxx MDL Court Can't Subpoena Pa. Executive for Trials

NEW ORLEANS - Merck & Co. Inc. has requested that the federal Vioxx MDL court deny a Plaintiff Steering Committee's renewed motion to compel Merck corporate officer and Pennsylvania resident David Anstice to testify live, whether in New Orleans or via satellite, at Vioxx MDL trials. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

In a May 31 brief, filed in the U.S. District Court for the Eastern District of Louisiana, Merck contends that the MDL statute does not expand the court's Rule 45 trial subpoena power beyond the borders of Louisiana or to any location further …