N.J. Federal Judge Remands 58 Plavix Actions, Declines to Apply Fraudulent Misjoinder Doctrine

TRENTON, N.J. — A New Jersey federal judge has remanded 58 Plavix injury actions to California state court for lack of complete diversity, refusing to entertain the defendants’ argument that the claims of the nondiverse plaintiffs were fraudulently misjoined.

On Sept. 12, Judge Freda L. Wolfson of the U.S. District Court for the District of New Jersey declined to apply the fraudulent misjoinder doctrine to the actions, noting that an “overwhelming” number of courts around the country have refused to adopt the doctrine. The judge added that even among the courts that have adopted the doctrine, “no clear standard for …