'Testy' by Misjoinder of Plaintiffs, Judge Dismisses Prempro Claims

LITTLE ROCK, Ark. - A federal judge has dismissed five plaintiffs from a Prempro personal injury case and remanded the claims of a sixth, determining that they were fraudulently misjoined for the purpose of defeating diversity jurisdiction. Jasperson v. Wyeth, et al., No. 08-4196 (E.D. Ark.).

Judge William R. Wilson Jr. of the U.S. District Court for the Eastern District of Arkansas said Dec. 29 that the plaintiffs, who also have parallel claims pending in the Prempro MDL, violated a "word to the wise" missive issued two years ago in which the court warned against improper joinder.

"In view of …