Judge Vacates Order Granting Oral Argument on Motion to Remand After Finding Physician Is Not Fraudulently Joined

NEW ORLEANS - A federal judge vacated an order granting oral argument and granted a plaintiff's motion to remand after finding that the physician who prescribed OxyContin to the man could be found liable for injuries he allegedly sustained as a result of his addiction to the pain reliever. Lloyd A. Appel, Jr., v. Jacqueline Cleggett-Lucas, M.D., et al., No. 02-2450 Sect. I/2 (E.D. La.).

In an order entered Aug. 14, U.S. District Judge Lance Africk ruled that the defendants' argument that the plaintiff's medical malpractice claims against the non-diverse defendants were prescribed required a fact-based inquiry to resolve the …