Pa. Federal Judge Retains Jurisdiction Over 45 Avandia Cases; Remands 8 Actions

PHILADELPHIA — A Pennsylvania federal judge has refused to remand 45 Avandia cases to California state court, finding the citizenship of nondiverse defendant McKesson Corp. should be disregarded because plaintiffs do not have a genuine intention to prosecute their claims against the distributor.

On May 15, Judge Cynthia M. Rufe of the U.S. District Court for the Eastern District of Pennsylvania did, however, remand 8 cases involving nondiverse Delaware plaintiffs, finding their claims against Delaware corporation GlaxoSmithKline are not distinct from those filed by plaintiffs from other states and should not be severed.

The complaints, originally filed by thousands of …