Pharmacy Was Properly Joined in Metoclopramide Action, Judge Rules

PROVIDENCE, R.I. - A Rhode Island federal judge has remanded to state court a metoclopramide injury suit, ruling that CVS Pharmacy Inc. was not fraudulently joined to destroy diversity jurisdiction. Jenner v. CVS Pharmacy Inc., et al., No. 10-497 (D. R.I.).

On March 22, Judge Joseph N. Laplante of the U.S. District Court for the District of Rhode Island ruled that defendants failed to meet their "heavy burden" of showing that "there is no possibility that the plaintiffs would be able to establish" their claims against the pharmacy.

Paul Jenner and his wife sued two pharmacies and several manufacturers …