Plaintiffs Say Merck's Ratification Doesn't Preclude Sales Reps' Liability

HONOLULU - A Hawaiian couple seeking to remand their Vioxx case to state court has argued that Merck & Co. Inc.'s attempt to ratify the conduct of its sales representatives does not eliminate the employees' personal liability if they knowingly participated in the alleged tortious activity. McClelland, et al. v. Merck & Co. Inc., et al., No. 06-543 (D. Hawaii).

John and Amy McClelland said in response papers filed Dec. 29 in the U.S. District Court for the District of Hawaii that the court should follow Magistrate Judge Barry M. Kurren's finding and recommendation that their lawsuit be remanded for …