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In re Accutane Products Liability

Citations: 841 F. Supp. 2d 1243; 2012 WL 181282; 2012 U.S. Dist. LEXIS 9550Docket: MDL No. 1626-IBD TRACK CASES; Case Nos. 8:04-MD-2523-T-30TBM, 8:11-CV-2356-T-30TBM

Court: District Court, M.D. Florida; January 16, 2012; Federal District Court

Narrative Opinion Summary

In this case, the plaintiff initiated a product liability and medical malpractice action against a physician and pharmaceutical companies in California state court. The plaintiff alleged that the physician negligently prescribed Accutane, causing her to develop inflammatory bowel disease (IBD), and that the pharmaceutical companies failed to warn of the associated risks. The defendants removed the case to federal court, citing diversity jurisdiction, arguing that the physician was fraudulently joined to defeat this jurisdiction. The court, however, found that the physician was properly joined, emphasizing that federal jurisdiction requires complete diversity, which was lacking as the physician shared state citizenship with the plaintiff. The court further noted that removal statutes are to be strictly construed, with any ambiguity resolved in favor of remand. Additionally, the court distinguished this case from others involving fraudulent misjoinder, as the claims against the defendants shared a significant factual connection. Consequently, the court denied the defendants' request to sever the physician and granted the plaintiff's motion to remand the case to California state court.

Legal Issues Addressed

Diversity Jurisdiction Requirements

Application: The court emphasized that complete diversity is required for federal jurisdiction, and if any properly served defendants share citizenship with the plaintiff, the case must be remanded to state court.

Reasoning: Federal law requires complete diversity for jurisdiction, and if any properly served defendants share citizenship with the plaintiff, the case must be remanded.

Fraudulent Joinder and Misjoinder

Application: The court found no fraudulent misjoinder as the claims against Dr. Lusher and the Roche Defendants were significantly connected, revolving around the common issue of Accutane’s risks and the plaintiff's injury.

Reasoning: In contrast, the claims against the Roche Defendants and Dr. Lusher shared a significant connection, as Dr. Lusher was accused of negligently prescribing Accutane, while the Roche Defendants faced claims for inadequate warnings and negligent manufacture of the same drug.

Propriety of Joinder in Diversity Jurisdiction Cases

Application: The court ruled that Dr. Lusher was properly joined and that the Roche Defendants' argument for fraudulent joinder was not applicable, thus remanding the case to state court.

Reasoning: However, the Court determined that Dr. Lusher is a properly joined defendant and that the concept of fraudulent misjoinder does not apply.

Strict Interpretation of Removal Statutes

Application: The court adhered to the principle that removal statutes should be interpreted strictly, with any doubts resolved in favor of remand to state court.

Reasoning: The Court emphasized that removal statutes should be interpreted strictly and any doubts should favor remand to state court.