MDL Judge Remands One Avandia Action, Retains Another

PHILADELPHIA - A Pennsylvania federal judge has remanded to New Mexico state court an Avandia action against GlaxoSmithKline, ruling that a GSK sales representative who is a citizen of the state was not fraudulently joined, therefore the action lacks diversity. In re Avandia Marketing, Sales Practices and Products Liability Litigation, Nos. 07-md-1871, 2:09-cv-00809, 2:08-cv-05847 (E.D. Pa.).

On June 17, U.S. District Judge Cynthia M. Rufe of the U.S. District Court for the Eastern District of Pennsylvania refused, however, to remand a second action to North Carolina state court, ruling that complete diversity exists because GSK is a citizen of Pennsylvania.