7th Circuit Upholds Court's Refusal to Remand Yazmin Case

CHICAGO - A federal court did not err in dismissing a nondiverse pharmacy defendant from a Yazmin case and denying the plaintiff's motion to remand, ruling that the learned intermediary doctrine shields the pharmacy from state law failure to warn claims. Walton v. Bayer Corp., No. 10-3462 (7th Cir.).

In a May 23 opinion, the 7th Circuit U.S. Court of Appeals further ruled that the common defense exception does not apply to this case because she accused Bayer Corp. of concealing information about Yazmin's side effects but does not allege that the pharmacy did the same.

Cathy Walton, an Illinois …