Alza, Sandoz Pain Patch Case Stays In Federal Court

By Ben James

Law360, New York (February 10, 2010, 12:58 PM ET) -- A widower's case against Alza Corp. and Sandoz Inc. over an allegedly defective fentanyl pain patch will stay in federal court after a judge dismissed DVS Pharmacy Inc. from the suit, giving the court diversity jurisdiction.

Judge Naomi Reice Buchwald signed off on a memorandum and order dated Feb. 4 but filed Tuesday, granting DVS Pharmacy Inc.'s motion for judgment on the pleadings and holding that there was no way the plaintiff could state a negligence claim against DVS, and denying Jeffrey Winters' motion to remand...
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