Pa. Federal Judge Remands Phen-fen Case to Calif. State Court; Finds McKesson Not Fraudulently Joined

PHILADELPHIA - Federal preemption may not serve as a basis for dismissing non-diverse defendant McKesson Corp. (NYSE:MCK) from a Phen-fen case because affirmative defenses may not be considered in determining whether a defendant has been fraudulently joined, a Pennsylvania federal judge has ruled.

On Nov. 7, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania granted plaintiffs’ motion to remand the case to California state court based on lack of complete diversity of citizenship.

Jane Mitchell and Julie Sandoval sued Wyeth Pharmaceuticals Inc. (NSE:WYETH) and McKesson in the San Francisco County Superior Court, alleging …