A diagnostic imaging company has alleged that a Virginia law firm is attempting continue to involve a state court in litigation over mass torts involving a batch of tainted steroids, even though a federal judge has transferred the actions to federal court.
In an apparent case of first impression before the U.S. Circuit of Appeals for the First Circuit, U.S. District Judge Rya Zobel granted a bankruptcy trustee’s motion to transfer 29 cases involving 127 plaintiffs. She accepted trustee Paul Moore’s argument that the transfer of all state-court cases was necessary to prevent a state-court defendant from making a claim for contribution and indemnity, “upsetting the effort to make an equitable distribution to the victims and other creditors.”
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