Del. Federal Judge Keeps Eliquis Cases in Federal Court, Says Removal Not Barred by § 1441(b)(2)

WILMINGTON — A Delaware federal judge has refused to remand 33 Eliquis cases to state court, ruling that because the defendants were not served before removal, "none of the parties in interest were properly joined and served as defendants is a citizen of the state in which the action was brought,” and as such, § 1441(b)(2) does not bar removal.

In a June 27 order, Judge Leonard P. Stark of the U.S. District Court for the District of Delaware also stayed the cases pending the Judicial Panel on Multidistrict Litigation’s decision to transfer the cases to the Eliquis multidistrict litigation …