Legal Opinion
Mary Plubell, on Behalf of Herself and All Others Similarly Situated v. Merck & Co., Inc.
Court of Appeals for the Eighth Circuit
Decided January 20, 2006No. 05-4217PublishedCited by 58 opinions
1Opinion of the Court
BENTON, Circuit Judge.
This case involves a putative class action filed in Missouri state court against Merck & Co., Inc., manufacturer of the prescription drug Vioxx. Merck sought to remove the case to federal court under the Class Action Fairness Act of 2005, Pub.L. No. 109-2, 119 Stat. 4, arguing that a new action commenced when Mary Plubell replaced Carol Green Richardson as class representative. The district court 2 disagreed and remanded the case to state court. Merck appeals. Having jurisdiction under 28 U.S.C. § 1453(c)(1), this court affirms.
I
On December 13, 2004, Carol Green…
2Cases cited17 opinions
- Marceline M. DONALDSON and Others Similarly Situated, Appellant, v. the PILLSBURY COMPANY Et Al., AppelleesCourt of Appeals for the Eighth Circuit · 1977
- Committee for Educational Equality v. StateSupreme Court of Missouri · 1994
- Nancy R. Murray, Plaintiff-Petitioner v. Gmac Mortgage Corporation, Doing Business as ditech.com, Defendant-RespondentCourt of Appeals for the Seventh Circuit · 2006
- Advanced Magnetics, Inc. v. Bayfront Partners, Inc.Court of Appeals for the Second Circuit · 1997
- Nelson v. County Of AlleghenyCourt of Appeals for the Third Circuit · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Farina v. Nokia, Inc.Court of Appeals for the Third Circuit · 2010
- Santamarina, Guiller v. Sears RoebuckCourt of Appeals for the Seventh Circuit · 2006
- Smith v. Nationwide Property & Casualty InsuranceCourt of Appeals for the Sixth Circuit · 2007
- Braud v. Transport Service Co.Court of Appeals for the Fifth Circuit · 2006
- Daniel Raskas v. Johnson & JohnsonCourt of Appeals for the Eighth Circuit · 2013
53 more not listed; retrieve them via the Exa API.