Judge Adopts Recommendation to Reject Preemption-Based Removal

NASHVILLE, Tenn. - The claims of four New Jersey plaintiffs allegedly injured by Aredia and Zometa have been sent back to state court after a federal judge adopted a magistrate's recommendation to reject a defense argument that the cases involve federal questions under the doctrine of complete preemption. In RE: Aredia and Zometa Products Liability Litigation, 06-MD-1760 (M.D. Tenn.).

In a Feb. 27 order, Judge Todd J. Caldwell of the U.S. District Court for the Middle District of Tennessee approved the Feb. 2 report and recommendation, in which the magistrate held that the preemption argument asserted by defendants was not …