Motion to Remand Accuses Eli Lilly of Forum Shopping

PORTLAND, Maine - Plaintiffs seeking to remand a Zyprexa wrongful death case accuse manufacturer Eli Lilly of forum shopping because the company removed the action before the pharmacy defendant's motion to dismiss was ruled on by the state court. Danny Tardy, et al. v. Eli Lilly & Co., et al. No. 04-00011 (D. Maine).

Plaintiffs Danny and Diane Tardy's Feb. 19 motion states that the removal was 'an abusive attempt to forum shop' that warrants sanctions equivalent to all court costs and attorneys fees.

On Sept. 26, 2003, the Tardys filed suit against Lilly, CVS Pharmacy, and five unnamed defendants …