Calif. Federal Judge Refuses to Adopt Fraudulent Misjoinder Doctrine, Remands Hernia Mesh Case

SAN FRANCISCO — A California federal judge has refused to adopt the fraudulent misjoinder doctrine as a basis for removal of a hernia polypropylene mesh case brought by several plaintiffs against several defendants, finding that the doctrine is not applicable in the 9th Circuit.

Magistrate Judge Elizabeth D. LaPorte of the U.S. District Court for the Northern District of California remanded the case, ruling that the question of whether the claims of the nondiverse plaintiffs should be severed is one for the state court to decide.

Eight plaintiffs sued numerous manufacturers in the Alameda County Superior Court, alleging they …