A personal injury suit by 40 plaintiffs who alleged they were injured by the diabetes drug Avandia was stayed Oct. 1 by the U.S. District Court for the Northern District of California until the U.S. Judicial Panel on Multidistrict Litigation (MDL) makes a decision regarding transfer (Ashley v. McKesson Corp., 2013 BL 269002, N.D. Cal., No. 12-03173).
Marvin Ashley and 39 other plaintiffs sued manufacturer GlaxoSmithKline (GSK), distributor McKesson Corp. and others in a California state court.
GSK removed the case to federal court based on diversity jurisdiction, arguing the plaintiffs fraudulently joined McKesson, a non-diverse party.
Federal ...
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