Elidel, Protopic Injury Case Remanded to State Court

BUFFALO, N.Y. - A New York federal judge has adopted a magistrate judge's recommendation that Protopic and Elidel injury claims against two drug manufacturers be remanded to state court for lack of federal question jurisdiction. Sortisio v. Accetta, et al., No. 09-176 (W.D. N.Y.).

On Dec. 7, Chief Judge Richard J. Arcara of the U.S. District Court for the Western District of New York adopted Magistrate Judge Hugh B. Scott's finding that although the complaint alleges fraud on the U.S. Food and Drug Administration, this claim is not substantial enough to warrant federal question jurisdiction on removal.

Steven and Jeanine …