Defendant Says ERISA Preempts Vioxx Plaintiffs' State Law Claims



DOCUMENTS
  • Motion


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 …






UPCOMING CONFERENCES




HarrisMartin's Data Breach Litigation Conference

March 26, 2025 - Charlotte, NC
Omni Charlotte Hotel

MORE DETAILS



HarrisMartin's Mass Tort Settlements Conference - Sponsored by Milestone

June 25, 2025 - Buffalo, NY
The Westin Buffalo

MORE DETAILS