Removal of Effexor Action Was Proper, Pa. Federal Judge Rules

PHILADELPHIA - The removal of an Effexor wrongful death action to federal court by a non-forum defendant was proper under § 1441(b) because the forum defendant had not yet been served, a Pennsylvania federal judge has ruled, denying plaintiffs' motion to remand. Boyer, et ux. v. Wyeth Pharmaceuticals Inc., et al., No. 12-739 (E.D. Pa.).

On April 26, Judge Edmund V. Ludwig of the U.S. District Court for the Eastern District of Pennsylvania ruled that the forum defendant rule applies only where a forum defendant has already been "properly joined and served."

Lauren Boyer says she took Effexor (venlafaxine hydrochloride) …