Judge: Novartis Can't Assert Punitive Statute as Basis For Removal

NASHVILLE, Tenn. - A federal judge has held that a state law cause of action for punitive damages asserted against a pharmaceutical manufacturer does not invoke federal jurisdiction even though such an award would require a determination that the defendant committed fraud on the FDA. LeCompte v. Novartis Pharmaceuticals Corp., No. 07-0665 (M.D. Tenn.).

Judge Todd J. Campbell of the U.S. District Court for the Middle District of Tennessee ruled Aug. 24 that a case alleging injury caused by the drug Zometa should be remanded to New Jersey state court even though it is a federal agency, the FDA, that …