MDL Judge Remands Three Actions to State Court; Retains 4th

NEW YORK - A New York federal judge presiding over the Fosamax MDL litigation has remanded three actions to state courts in California, Florida and Illinois on grounds that diversity jurisdiction is lacking. In re: Fosamax Products Liability Litigation, MDL No. 1789 (S.D. N.Y.).

However, in the July 29 order, U.S. District Judge John F. Keenan refused to remand a fourth action to New Jersey state court because defendant Merck & Co. had not been served when the case was removed.

In the four actions at issue, plaintiffs alleged that they developed osteonecrosis of the jaw from ingesting Fosamax, an …