Magistrate Recommends Stay of Action Pending JPML Decision

WILMINGTON, Del. - A Delaware federal magistrate judge has recommended that a Trasylol lawsuit should not be remanded to state court and should be stayed pending a decision by the Judicial Panel on Multidistrict Litigation as to whether the case should be transferred to the Trasylol MDL. Hutchins v. Bayer Corp., et al., No. 08-640 (D. Del.).

Magistrate Judge Leonard P. Stark of the U.S. District Court for the District of Delaware ruled that the plain language of the federal removal statute, 28 U.S.C. § 1441(b), renders the case removable.

Eileen Hutchins sued Bayer Corp., Bayer Health LLC (a Delaware …