Wal-Mart's Removal of Metabolife-Injury Case Deemed Proper by Federal Judge

SAN DIEGO - Wal-Mart's removal of a Metabolife products liability suit filed by a woman who suffered a heart attack after using the supplement was deemed proper by a federal judge, who denied the woman's motion to remand the case to state court. Debbie Ramey and Orville Jay Ramey v. Metabolife International, Inc., et al., No. 03-CV-525-BTM (JAH) (S.D. Calif.).

In denying the plaintiff's motion, U.S. District Judge Barry Ted Moskowitz ruled that the company's general appearance before the San Diego County Superior Court was equivalent to service of summons to the complaint. Wal-Mart filed the petition for removal during …