Ill. Judge Remands Accutane Case, Refuses to Apply Fraudulent Misjoinder Doctrine

BENTON, Ill. - An Illinois federal judge has remanded an Accutane injury case to state court, ruling that the nondiverse plaintiffs were not fraudulently joined. Aranda, et al. v. Walgreen Co., No. 11-654 (S.D. Ill.).

In determining whether the nondiverse parties were fraudulently joined, Judge J. Phil Gilbert of the U.S. District Court for the Southern District of Illinois refused to apply the fraudulent misjoinder doctrine, noting that courts in this district have generally declined to do so.

A number of individuals sued Hoffman-La Roche Inc. in the St. Clair County (Ill.) Circuit Court, alleging injuries caused by Accutane. They …