Plaintiffs Challenge Pre-Service Removal of Fortesta Testosterone Therapy Lawsuit

PHILADELPHIA — A Pennsylvania couple that sued Endo Pharmaceuticals for injuries caused by the testosterone drug Fortesta has moved to remand their case to state court after it was removed by a non-resident co-defendant that has not yet been served in the case.

Laves and Demetric Taylor say in a May 16 motion that ProStrakan Group’s pre-service removal to U.S. District Court for the Eastern District of Pennsylvania just hours before resident defendant Endo was served with the complaint violates federal law governing removal and is “clearly directed at defeating” the Taylors’ legitimate choice of forum.

“Where a non-forum defendant …