N.Y. Judge Rejects Fraudulent Misjoinder Argument, Remands Superstorm Sandy Case

NEW YORK — An insurer named in a Superstorm Sandy coverage lawsuit cannot use the doctrine of fraudulent misjoinder as a basis for severing claims from those asserted against Consolidated Edison Co. to avoid litigating the case in state court, a federal judge has ruled.

Judge Lorna G. Schofield of the U.S. District Court for the Southern District of New York said in a Dec. 11 opinion remanding the case to the New York County Supreme Court that the doctrine is inapplicable where the underlying claims against both defendants share common fact questions, arise out of the same occurrence, and …