Judge Denies Remand Finding Physician Was Fraudulently Joined Since Claims Were Barred by Statute of Limitations

PHILADELPHIA - The federal judge presiding over the diet drug MDL denied a woman's motion to remand, ruling that her physician was fraudulently joined because her malpractice, fraud and fraudulent concealment claims were barred by the two-year statute of limitations. In re: Diet Drugs Litigation, MDL No. 1203 (E.D. Pa.).

In an order docketed Jan. 12, U.S. District Judge Harvey Bartle, III, rejected the Missouri woman's argument that her claims were tolled by the statute of limitations under the fraudulent concealment or continuing care doctrine. The district judge also granted the physician's motion to dismiss the plaintiff's claims against him.