Defendant Says ERISA Preempts Vioxx Plaintiffs' State Law Claims

NEW ORLEANS - A pharmacy benefits manager named as a defendant in a Vioxx lawsuit has filed a motion to dismiss, arguing that the plaintiffs' state law claims are preempted by the Employee Retirement Income Security Act of 1974. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Fitzgerald, et al. v. Merck & Co. Inc., et al., No. 07-2099 (E.D. La.).

In the April 23 motion, filed in the U.S. District Court for the Eastern District of Louisiana, RxSolutions Inc. further asserts that it would be futile to permit the plaintiffs to re-characterize their claims as federal claims under …