Fifth Circuit Affirms Trial Court's Decision Regarding Exceptions to One-Year Removal Deadline

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals has affirmed a district court's decision to deny remand of a Rezulin products liability case even though the manufacturer's removal of the action occurred more than a year after the suit was filed. Jeretta Kay Tedford, v. Warner-Lambert Co., et al., No. 02-10582 (5th Cir.).

In doing so, the appellate panel noted that the removal statute's requirements are not inflexible and that the plaintiff's numerous attempts at forum manipulation justified the district's court's ruling to extend the one-year limit for removal.

Background

Plaintiff Jerretta Tedford of Eastland County, Texas, and …