N.J. Federal Judge Remands Benicar Cases, Finds Removing Defendants Violated Forum Defendant Rule

TRENTON, N.J. — A New Jersey federal judge has remanded two Benicar injury cases to state court, finding the non-forum defendants violated the forum defendant rule by removing the case before plaintiffs could serve the forum defendants.

On April 9, Judge Joseph Irenas of the U.S. District Court for the District of New Jersey found the removing defendants’ circumvention of the forum defendant rule “contravenes the drafters' intent to avoid gamesmanship with the removal statute.”

In two separate actions, Texas residents George and Martha Williams and Pennsylvania residents Shelly and Abu Rahman sued Daiichi Sankyo Inc., Daiichi Sankyo U.S. Holdings …