Judge Denies Merck Motion to Quash Subpoena for Vioxx MDL Trial

NEW ORLEANS - A federal judge has denied Merck & Co. Inc.'s motion to quash a plaintiff's subpoena compelling Merck corporate officer David Anstice to appear and testify live at the second federal Vioxx MDL trial, stating that Rule 45 expands a district court's subpoena power. In re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Judge Eldon E. Fallon, who oversees the federal MDL in the U.S. District Court for the Eastern District of Louisiana, issued the order July 21 as part of pre-trial preparations in the case of Barnett v. Merck & Co. Inc., No. 06-485. The …