Federal Judge Says Plaintiffs' Objection to Severance Warrants Remand

EAST ST. LOUIS, Ill. - A federal judge has ruled that a procedural defect in Merck & Co. Inc.'s removal of a Vioxx lawsuit permits two Illinois plaintiffs to proceed with their case against Merck and a pharmacy defendant in state court despite complete diversity of citizenship among the parties. Sanders, et al. v. Merck & Co. Inc., et al., No. 07-64 (S.D. Ill.).

In a March 27 order, Chief Judge G. Patrick Murphy of the U.S. District Court for the Southern District of Illinois said James Sanders and Curtis Bobo's timely objection to removal under the "voluntary-involuntary" rule warranted …