Judge Denies Motion to Remand, Rules Nutrition Store Was Fraudulently Joined

SHREVEPORT, La. - A federal judge denied the motion to remand a woman's product liability action against the manufacturer of an ephedra-based dietary supplement on grounds that the store where she allegedly purchased the product was fraudulently joined to defeat diversity jurisdiction. Pierce v. Cytodyne Technologies, No. 02-CV-0991 (W.D. La.).

U.S. Magistrate Judge Alonzo P. Wilson's July 30 recommendation also ruled that Cytodyne's notice of removal was timely because the plaintiff's initial complaint did not specify that the amount in controversy would exceed the jurisdictional limit.

According to the recommendation, plaintiff Virginia Pierce allegedly suffered a stroke on Jan. 17, …