Bayer Removes Essure Action; Says Nondiverse Plaintiffs Fraudulently Joined/Misjoined

ST. LOUIS — Bayer Corp. has removed a 94-plaintiff Essure birth control device action to federal court, arguing that the court has diversity and subject matter jurisdiction and should disregard the citizenship of the non-diverse plaintiffs because they were fraudulently joined and misjoined.

In a May 20 notice of removal filed in the U.S. District Court for the Eastern District of Missouri, Bayer reasoned that the nondiverse plaintiffs were misjoined because their claims do not “arise out of the same transaction, occurrence, or series of transactions or occurrences.”

On April 13, 92 plaintiffs from 30 states and the District of …