Judge Finds Sales Reps Properly Joined, Remands Multi-Plaintiff Case

RENO, Nev. - A Nevada federal judge has remanded a multi-plaintiff Vioxx lawsuit, finding that Merck & Co. Inc. failed to cite Nevada case law that would preclude plaintiffs' negligence claims against non-diverse Merck sales representatives. Elmore, et al. v. Merck & Co. Inc., et al., No. 06-557 (D. Nev.).

In a March 29 order, Judge Larry R. Hicks of the U.S. District Court for the District of Nevada also found that Merck's and the sales representatives' alleged failure to warn the plaintiffs of the potentially dangerous effects of Vioxx form the basis for the plaintiffs' claims.

"As such, this …