Judge Denies Motion to Amend, Remand Based on Failure to Comply with Malpractice Act

NEW YORK-A Florida woman's motion to amend her Rezulin products liability complaint to add two non-diverse physicians and a registered nurse and remand the case to state court was denied by a federal judge who ruled that the plaintiff failed to satisfy the requirements of the Florida Malpractice Act. In re: Rezulin Products Liability Litigation, MDL No. 1348 (S.D. N.Y.).

U.S. District Judge Lewis A. Kaplan's Nov. 5 order states that although the plaintiff knew the identities of the non-diverse healthcare professionals prior to the case's removal, she still failed to comply with the Florida Malpractice Act, which requires a …