Dexcom Fails in Trying to Move Product Suits to Federal Court

A federal appeals court affirmed the remand of multiple lawsuits against glucose monitor maker Dexcom Inc. because the company filed its removal notices to federal court before the civil actions could be officially considered “filed” in state court.

Because Dexcom’s federal removal notices were premature, the 30-day time limit to remand didn’t start until after the state court had officially filed the suits, and the plaintiffs’ remand motions were timely and the district court properly remanded the suits, the US Court of Appeals for the Ninth Circuit said Wednesday. The court noted that specifying what constitutes “filing” a complaint for ...