Missouri Federal Judge Remands Risperdal Case for Lack of Complete Diversity

ST. LOUIS — A Missouri federal judge has remanded a Risperdal case to state court for lack of complete diversity, ruling that it is appropriate to address subject matter jurisdiction before addressing the defendants' personal jurisdiction arguments.

On July 13, Judge Audrey G. Fleissig of the U.S. District Court for the Eastern District of Missouri explained that because the defendants' theory of fraudulent joinder failed to attack the merits of the non-diverse plaintiffs' claims, the defendants failed to establish that there is no reasonable basis in fact or law supporting these claims.

Eight plaintiffs from seven different states filed …