Recovery Against Doctors, Pharmacies Possible in Lotronex Suit, Judge Says

NEW ORLEANS - Defendants in a Lotronex products liability case have failed to show that there is no possibility that plaintiffs could recover damages from non-diverse defendants the drug's manufacturer claims were fraudulently joined to the suit, a federal judge in Louisiana has held. Alman, et al. v. GlaxoSmithKline Corp., et al., No. 02-006 (E.D. La.).

In a narrow March 25 decision, U.S. District Judge Kurt D. Englehardt granted the plaintiffs' motion to remand the case to St. Tammany Parish District Court. The defendants had removed the case arguing that the physicians and pharmacies named in the complaint were fraudulently …