Nevada Federal Court Remands 2 Cases, Keeps 2 Others

LAS VEGAS - A Nevada federal judge on Nov. 2 rejected Wyeth's claims of fraudulent joinder and efforts to stay and defer a decision to the MDL court and ordered claims by two Fen-Phen plaintiffs remanded to Nevada state court. Greene v. Wyeth, No. CV-N-04-0312-LRH [VPC]).

Judge Larry R. Hicks of the U.S. District Court for the District of Nevada said Wyeth could not overcome the presumption against removal in arguing for fraudulent joinder, and said a state court could decide whether the limitations period has run on claims by plaintiffs Joyce Trombley and Karen Tatomer, each of whom brought …