Mo. Judge Remands Lipitor Case to State Court, Rejects Pfizer’s ‘Fraudulent Joinder’ Argument

ST. LOUIS — A Missouri federal court has remanded a Lipitor injury case to state court, finding the non-diverse plaintiffs were not “fraudulently joined” because common issues of law and fact connect their claims.

On May 1, Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri rejected Pfizer Inc.’s argument that joinder of the non-diverse plaintiffs was so egregious and grossly improper that it warrants an adoption and application of the fraudulent misjoinder doctrine.

In February, 49 individuals who are citizens of 16 states, including New York, sued Pfizer, a citizen of New …