Preterm Infant Formula Case Remanded to Ill. State Court

BENTON, Ill. — An Illinois federal judge has sent a preterm infant formula injury case back to state court, ruling that while there is not complete diversity between the parties, remand is appropriate because the removing party, Abbott Laboratories, consented to remand.

On July 18, Judge Staci Yandle of the U.S. District Court for the Southern District of Illinois adopted a magistrate judge’s report and recommendation that the case be remanded, despite his erroneous finding that there is complete diversity.

Stephen Doswell sued Mead Johnson & Company LLC, Mead Johnson Nutrition Co. and Abbott Laboratories in the Madison County (Ill.) …