Judge Denies Motion to Remand After Finding Physicians Fraudulently Joined

MINNEAPOLIS - The physicians named as defendants in a complaint filed by 32 Mississippi residents alleging Baycol-related injuries were fraudulently joined to the case because the plaintiffs failed to support their claims that the doctors knew or should have known of the drug's dangers, a federal judge ruled. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn).

U.S. District Judge Michael J. Davis' Dec. 18 order denied the plaintiffs' motion to remand after finding that the main thrust of the complaint focused on Bayer's alleged misrepresentations and failure to warn of the risks associated with Baycol. In addition, …