Calif. Judge Remands Avandia Case to State Court; Denies GSK’s Motion to Stay

SAN FRANCISCO — A California federal judge has remanded an Avandia injury case to state court, noting the judge overseeing the Avandia multidistrict litigation has already ruled that in cases where no defendant has been served, the citizenship of the forum defendant cannot be ignored for purposes of 28 U.S.C. Section 1441(b).

On Aug. 23, Judge William Alsup of the U.S. District Court for the Northern District of California found the plaintiffs would suffer undue prejudice if remand was denied because they would be forced to file and argue motions to remand in two different courts before being sent back …