James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, Pennsylvania, on April 3, 2021. Photo: Diego M. Radzinschi/ALM Case Remanded to Philadelphia Court: Addressing Circuit Split, Federal Judge Rejects FiberCel Manufacturers' Fraudulent-Misjoinder Claims
"A closer examination of this split reveals that the circuits also differ on the precise contours of the doctrine. For example, courts disagree on whether state or federal joinder law governs the analysis and whether something beyond mere misjoinder is necessary to support a claim of fraudulent misjoinder," wrote U.S. District Judge Jeffrey L. Schmehl for the Eastern District of Pennsylvania.
September 03, 2024 at 10:56 AM
4 minute read
Products Liability
A federal judge in Pennsylvania sent a joint products liability and medical malpractice suit back to Philadelphia Common Pleas Court last week, declining to apply divided circuit opinions on fraudulent-misjoinder arguments brought by the manufacturers of a tuberculosis-infected bone repair product.
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