Judge Stays Avandia Suit Pending MDL Ruling on Fraudulent Joinder

BUFFALO, N.Y. - A New York federal judge stayed an Avandia wrongful death case pending the multidistrict litigation court's determination of whether the pharmacy defendants were fraudulently joined by the plaintiff so as to avoid diversity jurisdiction. Mick v. GlaxoSmithKline, No. 08-CV-386A (W.D. N.Y.).

In a Sept. 2 order, Chief Judge Richard J. Arcara of the U.S. District Court for the Western District of Buffalo adopted a report and recommendation by Magistrate Judge Hugh B. Scott.

Renee Mick sued SmithKline Beecham Corp. (now GlaxoSmithKline) and Rite Aid Pharmacy in Niagara County (N.Y.) Supreme Court, alleging that after ingesting Avandia, …