Judge Rules Plaintiffs Fraudulently Joined Sales Representatives, Pharmacies and Physicians

PHILADELPHIA-A federal judge denied motions to remand in multiple Fen-phen product liability actions on grounds that the plaintiffs fraudulently joined pharmacies, sales representatives and physicians in an effort to defeat diversity jurisdiction. In re: Diet Drugs, MDL No. 1203 (E.D. Pa.).

U.S. District Judge Harvey Bartle III's Aug. 19 memorandum states that the plaintiffs could not recover damages against the pharmacies due to the learned intermediary doctrine. Judge Bartle also ruled that the plaintiffs did not provide adequate evidence to support their allegations against the sales representatives and physicians.

The memo addressed motions to remand cases captioned Anderson v. …