Ill. Federal Judge Remands Talc Case, Says Walgreens Not Fraudulently Joined

BENTON, Ill. — An Illinois federal judge has remanded a talc wrongful death action, ruling that the non-diverse defendant, Walgreens Co., was not fraudulently joined because the plaintiff asserted viable claims of negligence and breach of warranty against the drugstore chain.

In an Oct. 16 order, Judge Staci M. Yandle of the U.S. District Court for the Southern District of Illinois remanded the case to the St. Clair County Circuit Court.

Illinois resident Colleen Cadigan, as executrix of Elizabeth Driscoll, deceased, asserted claims under the Illinois Wrongful Death Act and the Illinois Survival Act against Johnson & Johnson, Johnson & …