Stark Upholds Instant Removal of Dozens of Products Cases
A Delaware federal judge has upheld the quick removal of 33 products liability cases from state to federal court, in a blow for plaintiffs who argued the move violated the forum-defendant rule.
June 28, 2017 at 10:31 PM
4 minute read
The original version of this story was published on Delaware Law Weekly
A Delaware federal judge has upheld the quick removal of 33 products liability cases from state to federal court, in a blow for plaintiffs who argued the move violated the forum-defendant rule.
On Tuesday, U.S. District Chief Judge Leonard P. Stark of the District of Delaware agreed with Bristol-Myers Squibb Co. and Pfizer Inc. that removal of the 33 cases from Delaware Superior Court to the district court in Wilmington on May 25 was justified because the companies had not yet been “joined and properly served” with the complaints.
Stark's ruling was the latest to highlight the debate over removal of cases before service—an issue that has divided federal judges and created a rift on Delaware's district court.
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