Involuntary Dismissal of Non-Diverse Defendant Does Not Make Case Removable

NEW ORLEANS - A federal judge remanded a proposed Oxycontin class action suit after finding that the case was not removable based on diversity jurisdiction since the non-diverse defendants were dismissed in order for a medical review panel to examine medical malpractice claims. Jeffrey Ohler, et al., v. Purdue Pharma, L.P., et al., No. 02-0757 (E.D. La.).

U.S. District Judge Lance M. Africk ruled that the plaintiffs' did not voluntarily abandon the claims against the physician by agreeing to the state court consent judgment that sustained the non-diverse defendants' dilatory exception of prematurity.

Under the Louisiana Medical Malpractice Act (LMMA), …