A personal injury and product liability case against AbbVie, the parent company of the manufacturer of CoolSculpting technology, will continue in New Jersey state court, a federal judge decided this week after determining the pharmaceutical company did not prove it had been fraudulently joined with other defendants in the case.
U.S. District Judge Robert Kirsch of the District of New Jersey issued a memorandum opinion July 15 granting plaintiff Kimberly Fenton’s motion to remand her product liability case to New Jersey state court after it had been removed from Monmouth County Superior Court. Fenton brought claims against AbbVie and its subsidiary that markets devices for cryolipolysis procedures, Zeltiq Aesthetics Inc., as well as Velocity Wellness Institute, where she underwent the CoolSculpting cosmetic procedure that freezes fat cells.
