Vioxx Plaintiff Says Recent Case Law Dictates Class Action's Remand

NEW ORLEANS - The federal Vioxx MDL court should remand a class action concerning Merck & Co. Inc.'s conduct in connection with the recall of Vioxx because recent case law has clarified the law on jurisdiction, a plaintiff has asserted in arguing that the action was erroneously removed. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Waitt, et al. v. Merck & Co. Inc., et al., No. 05-5318 (E.D. La.).

In an April 25 motion to remand to Washington's King County Superior Court, Robert Waitt says at least five federal circuit courts in the 21 months since his original …