Judge Denies Motion to Remand, Rules Plaintiff Failed to Establish Medical Malpractice Claims

NEW YORK - U.S. District Judge Lewis A. Kaplan denied a plaintiff's motion to remand his Rezulin products liability action after ruling that the plaintiff's treating physician was fraudulently joined to defeat complete diversity. In re: Rezulin Products Liability Litigation, MDL No. 1348 (S.D N.Y.).

Judge Kaplan's Jan. 6 order stated that the plaintiff could not recover damages from Garth C. Denyer, M.D., because the allegations failed to provide any factual evidence that would support the medical malpractice claims asserted against the physician.

The plaintiff moved to remand the case based on the Report and Recommendation of U.S. Magistrate Judge …