Judge Refuses to Remand NuvaRing Action, Says Plaintiff Failed to Plead Viable Claims Against Nondiverse Defendant

KANSAS CITY — A Missouri federal judge has refused to remand a NuvaRing action to state court, ruling that the plaintiff has failed to plead viable claims against a nondiverse healthcare practitioner and consequently, diversity jurisdiction exists.

On June 11, Judge Rodney W. Sippel of the U.S. District Court for the Eastern District of Missouri said the plaintiff failed to allege that the healthcare defendant played any role in the design, manufacture, product label and warnings, or marketing of the birth control device.

Texas resident Catalina Castro sued Organon USA Inc. and Merck & Company Inc., alleging she sustained injuries …