Federal Judge Rejects Fraudulent Joinder Argument, Remands Rezulin Case

CHARLESTON, W.Va. - A federal court in West Virginia has remanded a Rezulin product liability case on grounds that the plaintiff, who claims she was injured after taking the drug, has shown sufficient cause for naming the doctor and care facility that allegedly failed to monitor her after she was prescribed the drug. Marshall v. Warner-Lambert Co., No. 02-0331 (S.D. W.Va.).

Judge Robert C. Chambers of the U.S. District Court for the Southern District of West Virginia ruled June 3 that neither defendant was fraudulently joined to the complaint filed on behalf of Olesta C. Marshall. Marshall died, allegedly after …