Judge Denies Remand Finding Plaintiffs Misjoined and Physicians Fraudulently Joined

MINNEAPOLIS - Motions to remand filed by the plaintiffs involved in three Mississippi Baycol-related injury cases were denied by the federal judge presiding over the nationwide MDL proceedings after finding that the medical negligence claims levied against seven non-diverse physicians failed to sufficiently plead that they proximately caused the plaintiffs' injuries. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

U.S. District Judge Michael J. Davis' Sept. 19 order stated that the plaintiffs' claims against the physicians were inadequate because the main thrust of the allegations housed in the complaints focused on Bayer's and GlaxoSmithKline's purported misrepresentations regarding …