Ken. Federal Judge Remands Infuse Bone Graft Case, Says Forum Defendant Rule Applies

LOUISVILLE, Ken. — A Kentucky federal judge has remanded a Medtronic Infuse Bone Graft case to state court after determining that Medtronic attempted to “game” the system by removing the action before the forum defendants could be joined and served.

On Aug. 22, Senior Judge Charles R. Simpson III of the U.S. District Court for the Western District of Kentucky at Louisville found that in each of the 14 Infuse cases pending in the court, Medtronic filed notices of removal within two business days following the filing of the complaint and before service of process was possible.

Judge Simpson …