Motion to Amend Complaint to Add Non-Diverse Physician Granted, Baycol Case Remanded to State Court

MINNEAPOLIS-The judge overseeing the Baycol MDL has remanded a claim filed by plaintiffs who sought to add a non-diverse physician to their Baycol complaint, but did so 90 days after serving the physician, in accordance with California's Code of Civil Procedure. In re: Baycol Products Litigation, MDL 1431 (D. Minn.).

The children and heirs of Janice Nolan claimed the physician's negligence was to blame for Nolan's death. They argued that the doctor failed to exercise a proper degree of care or knowledge because he did not inform the decedent of the potential health risks associated with Baycol. Judge Michael J. …