License to Market Drugs Does Not Create State Citizenship, Fla. Judge Rules in Remanding Lexiscan Action

FORT MYERS, Fla. — A Florida federal judge has refused to remand a Lexiscan injury case to state court, ruling that although the defendants are licensed to market the drug in Florida, they are not Florida citizens and therefore there is complete diversity of citizenship.

In a Dec. 2 order, Judge John E. Steele of the U.S. District Court for the Middle District of Florida also ruled that the complaint is a “shotgun” pleading and must be dismissed. However, the judge allowed the plaintiff to file an amended complaint.

In a complaint originally filed in the Lee County (Fla.) District …