E.D. Pa. Finds Fraudulent Joinder of 3rd Parties in 146 Texas Cases

PHILADELPHIA - The federal judge overseeing the Fen-Phen MDL denied remand motions in 146 Texas cases on July 6 after finding that physician, pharmacy and other third-party defendants were fraudulently joined. In re Diet Drugs(Phentermine/Fenfluramine/Dexfenfluramine Products Liability Litigation, MDL No. 1203, E.D. Pa.).

Melissa Accadia and her co-plaintiffs have asked Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania to allow an interlocutory appeal.

The Texas plaintiffs were intermediate opt-outs in the American Home Products settlement of claims related to Pondimin and Redux diet drugs and can pursue compensatory damages on their own. They …