A second federal judge has certified for interlocutory appeal a question left open by the Third Circuit when it determined that GlaxoSmithKline is a corporate citizen of Delaware.
U.S. District Senior Judge Michael Baylson of the Eastern District of Pennsylvania has joined the chief judge of the Middle District, Christopher Conner, in serving up the question of whether the drugmaker may remove cases filed in Pennsylvania state courts to federal court on the basis of diversity. Before the U.S. Court of Appeals for the Third Circuit ruled in June on its citizenship, district judges had been splitting over treating GSK as a citizen of Delaware or Pennsylvania. Since the citizenship decision, district judges have now been splitting on whether GSK may remove the cases—even those filed as many as several years ago—against it.
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