STORY FROM: Drugs & Medical Devices

Ala. Federal Judge Remands Remicade Action, Says Nondiverse Defendant Not Fraudulently Joined

MOBILE, Ala. — An Alabama federal judge has remanded a Remicade action to state court, ruling that the plaintiffs have asserted colorable claims against the nondiverse medical provider defendant and therefore he was not fraudulently joined.

On June 21, Judge William H. Steele of the U.S. District Court for the Southern District of Alabama explained that while the allegations against the doctor are not detailed, they overcome the “very lenient” hurdle of fraudulent joinder.

Dr. William Sullivan prescribed Remicade to Alabama resident Tim McKenzie to treat his psoriatic arthritis. While taking the drug, McKenzie allegedly experienced complications from severe and ...

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