Pre-service Removal Was Proper in Anti-Seizure Drug Case, Judge Rules

ELKINS, W.Va. - A West Virginia judge has denied remand in a case alleging injury caused by an anti-seizure medication, ruling that removal to federal court was proper even though it occurred before a forum defendant had been served with the complaint. Vitatoe v. Mylan Pharmaceuticals Inc., et al., No. 08-85 (N.D. W.Va.).

Judge Irene M. Keeley held Aug. 13 that the pre-service removal of the case was proper because it is based on a literal interpretation of federal removal statute and could have been avoided if the plaintiff served the resident defendant in a timely fashion.

The judge, sitting …