AbbVie headquarters. Courtesy photo Personal Injury, Product Liability Suit Against AbbVie's CoolSculpting Returns to State Court
"The complaint generally alleges the elements for holding a medical provider strictly liable under a defective design theory, and AbbVie has not cited ... to a single case which addresses the pleading requirements in state court," wrote U.S. District Judge Robert Kirsch for the District of New Jersey. "In order for a court to find fraudulent joinder, 'it must be impossible for a state court to find that a plaintiff has stated a valid cause of action.'"
July 17, 2024 at 04:38 PM
4 minute read
What You Need to Know
- A lawsuit against AbbVie, the parent company of the manufacturer of CoolSculpting, will return to New Jersey state court.
- A federal judge said AbbVie misinterpreted the federal joinder doctrine.
- The plaintiff brought the suit initially in New Jersey state court after having side effects from a CoolSculpting procedure.
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.
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