Forum Defendant Rule Requires Remand of Testosterone Case, Ill. Federal Judge Rules

CHICAGO — An Illinois federal judge has remanded a testosterone therapy case to state court in accordance with the forum defendant rule, finding the defendants removed the case to federal court before the forum defendants could be served.

On Sept. 15, Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois explained that because the defendants have access to “near-instantaneous” information about the filing of lawsuits, application of the literal language of the forum defendant rule would defeat its purpose of protecting the plaintiff’s choice of a state forum.

Texas citizen Don Estep sued Illinois-based …