As most pharmaceutical and medical device products liability cases are based on state law claims, diversity jurisdiction may be the only way to obtain a federal forum.
Fraudulent Joinder
As most pharmaceutical and medical device products liability cases are based on state law claims, diversity jurisdiction may be the only way to obtain a federal forum. Plaintiffs often join non-diverse defendants, such as local doctors, hospitals, pharmacies, employees and/or sales representatives, in an attempt to defeat diversity jurisdiction and prevent removal of cases to federal court. Defendants -- who generally prefer to proceed in federal court -- may be able to remove such cases for fraudulent joinder using some of the following arguments.
By
Melissa R. Levin And Heather K. HaysThis premium content is locked for LawJournalNewsletters subscribers only
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