Judge Allows Pre-Service Removal of Elidel Injury Case

TRENTON, N.J. - A defendant named in an Elidel products liability case did not violate federal statutes when it removed the matter from state court before the plaintiffs had an opportunity to serve the complaint, a federal judge has held. Thomson v. Novartis Pharmaceuticals Corp., No. 06-6280 (D. N.J.).

U.S. District Court Judge Jerome B. Simandle ruled May 22 that while the plaintiffs may have raised colorable policy arguments in moving to remand the case, they failed to convince the court that permitting removal prior to service would frustrate congressional intent in drafting its removal statute.

Plaintiff Alan Thomson challenged …