Defeating Joinder In Medical Device And Drug Cases

Law360 (December 22, 2010, 2:10 PM EST) -- To prevent removal of cases to federal court based on diversity jurisdiction, avoid multiple filing fees, or perhaps in an attempt to posture multiplaintiff cases for consolidated trial, plaintiffs' attorneys continue to improperly join numerous unrelated plaintiffs in one lawsuit against a single pharmaceutical or medical device manufacturer. Often these plaintiffs reside in different states, have vastly different medical histories and were treated by different doctors at different times for different reasons; the only thing they have in common is that they allege to have suffered injuries from the use of the same drug or medical device. Joinder under these circumstances is improper and defendants can aggressively fight this improper joinder from the outset of litigation....

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