Federal Judge Remands Reglan Case; Finds No Fraudulent Joinder

ST. LOUIS - A Missouri federal judge has remanded a Reglan injury case to state court for lack of diversity, ruling that the three Missouri-based defendants were not fraudulently joined because the plaintiff has raised several grounds that may support a duty of care on the part of these defendants. Newby v. Wyeth Inc., No. 11-339 (E.D. Mo.).

On Oct. 21, Judge Audrey G. Fleissig of the U.S. District Court for the Eastern District of Missouri further ruled that these defendants were properly served at the time this case was removed.

On Feb. 24, 2010, Jesse Newby and 17 …