STORY FROM: Drugs & Medical Devices

Lipitor MDL Judge Recommends Remand of 70 Cases to Calif. Federal Court

CHARLESTON, S.C. — The South Carolina federal judge overseeing the Lipitor federal docket said he will suggest to the Judicial Panel on Multidistrict Litigation that 70 actions be remanded to California federal court, explaining that he lacks diversity jurisdiction over the cases because the plaintiffs have pled viable claims against nondiverse defendant McKesson Corp.

In a Nov. 7 order, Judge Richard Gergel of the U.S. District Court for the District of South Carolina said the only possible ground for federal jurisdiction is under the Class Action Fairness Act of 2005, and that is an issue for the California federal courts ...

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