Merck Moves for Interlocutory Review of MDL Order Rejecting Preemption

NEW ORLEANS - Merck & Co. Inc. has asked the federal Vioxx MDL to amend its recent order denying Merck's motion to dismiss two cases by certifying for interlocutory appeal the question of whether the FDA's labeling regulations preempt plaintiffs' state-law failure-to-warn claims. In Re: Vioxx Products Liability Litigation, MDL No. 1657; Gomez v. Merck & Co. Inc., No. 05-1163; Arnold v. Merck & Co. Inc., No. 05-2627 (E.D. La.).

On July 12, Merck asserted that the issue of federal preemption constitutes a controlling question of law and that its resolution could materially advance the ultimate termination not only of …