Calif. Tylenol Wrongful Death Case Remanded to State Court

SACRAMENTO, Calif. – A California federal judge has remanded a Tylenol wrongful death case against McNeil-PPC Inc. (NYSE: J&J) and McKesson Corp. (NYSE: MCK), finding nondiverse defendant McKesson was not fraudulently joined.

On Feb. 1, Magistrate Judge Stanley A. Boone of the U.S. District Court for the Eastern District of California found it is not “indisputably clear” the plaintiffs will be unable to state a claim against McKesson.

Theresa Oliver, a California resident, and Bruce Anderson, a Texas resident, sued McNeil-PPC Inc. and McKesson Corp. in Fresno County (Calif.) Superior Court, alleging that Daniel Oliver and Mildred Barta’s ingestion of …