Ill. Federal Judge Remands Avandia Action to State Court

BENTON, Ill. — An Illinois federal judge has remanded an Avandia case to state court, ruling that GlaxoSmithKline (NSE: GLAXO) cannot rely on the procedural misjoinder doctrine in asserting that the nondiverse plaintiff’s claims should be severed.

On Oct. 30, Judge David R. Herndon of the U.S. District Court for the Southern District of Illinois explained that the 7th Circuit U.S. Court of Appeals has not yet recognized the procedural joinder doctrine.

Plaintiffs originally filed suit against GSK in the St. Clair County (Ill.) Circuit Court. GSK removed the case to federal court. Plaintiffs moved to remand the action, asserting …