Fosamax Injury Case Remanded to State Court

LOS ANGELES - A federal judge has remanded a Fosamax injury case to state court, ruling that a nondiverse defendant was not fraudulently joined and that the allegations were pleaded with the requisite specificity. Notick v. Merck & Co. Inc., No. 10-1672 (C.D. Calif.).

Judge David O. Carter of the U.S. District Court for the Central District Court ruled that the California plaintiff adequately alleged that McKesson Corp., a California citizen, manufactured the drug she ingested.

Eileen Notick sued Merck & Co. and McKesson in the Orange County Superior Court, alleging her ingestion of Fosamax caused her to sustain …