Plaintiff Seeking Remand Argues Removal Was Legally Defective

PHOENIX - A Hawaiian woman who claims she sustained injuries after using Zicam is seeking to remand her case against the manufacturers of the over-the-counter cold remedy, claiming that manufacturers' removal was defective. Ringbauer v. Matrixx Initiatives, et al. No. CV 04-513 (D. Ariz.).

According to the March 26 motion to remand, the removal was procedurally defective because defendants Matrixx Initiatives and Zicam violated the no-local-defendant rule and the rule of unanimity.

On Feb. 11, Tammy Ringbauer sued Matrixx, Zicam, Botanical Laboratories Inc., Zansano Inc., and Zengen Inc., in Arizona's Maricopa County Superior Court, claiming that Zicam Cold Remedy nasal …