Calif. Plaintiff Opposes Merck Motion to Stay State Vioxx Suit

LOS ANGELES - A California resident is seeking to dismiss his federal Vioxx lawsuit against Merck & Co. Inc. and proceed with a second case he filed in state court against Merck and a drug distributor. Vioxx® Cases, JCCP No. 4247 (Calif. Super. Ct., Los Angeles Cty.).

Roger G. Cooper on Aug. 25 opposed Merck's motion to stay his California state court action pending the outcome of his earlier-filed federal action pending in the national MDL proceeding.

The opposition, filed in Los Angeles County Superior Court, contends that Cooper is not forum-shopping or naming 'sham defendants,' but rather the plaintiff …