Physician Defendant Says Plaintiff's Allegations Indicate Fraudulent Joinder

NEW ORLEANS - An Oklahoma physician who prescribed Vioxx has moved for dismissal in one of his patient's federal Vioxx MDL lawsuit, claiming there is a lack of federal subject matter jurisdiction and the plaintiff's allegations evidence the fraudulent joinder of the doctor. In Re: Vioxx Products Liability Litigation, MDL No. 1657 (E.D. La.).

Dr. Ricardo Valbuena alternatively argues in his Feb. 12 motion that if the U.S. District Court for the Eastern District of Louisiana elects not to dismiss the suit, then the court must remand the case to Oklahoma state court because complete diversity among the parties did …