Judge Kaplan Finds Misjoined Defendants and Plaintiffs on Motions to Remand

NEW YORK - In the latest set of plaintiffs seeking remands to state court in the consolidated pretrial proceedings for Rezulin litigation in the Southern District of New York, the court has denied motions to remand in cases where non-diverse defendants were fraudulently joined and granted them to plaintiffs who were misjoined and therefore severed. In re: Rezulin Products Liability Litigation (MDL No. 1348), No. 00cv2843 (relating to 01cv484, 01cv965, 01cv966, 01cv971, 01cv972, 01cv973, 01cv976, 01cv1967) (S.D. N.Y.).

The Oct. 16 decision examined joinders in eight actions filed in Alabama, Mississippi and Texas.

Alabama Actions

In two Alabama lawsuits, Floyd …