In Re Yasmin & Yaz (Drospirenone)
779 F. Supp. 2d 846
S.D. Ill.2011Background
- MDL Nos. 2100; two cases Brambila v Bayer and Bleecher v Bayer removed from California state court to federal court claiming diversity; McKesson is non-diverse California- and Delaware citizen, alleged distributor of Yaz/Yasmin/Ocella; plaintiffs allege false labeling, concealment, negligence, strict liability, warranties, and consumer protection claims; California plaintiffs assert viable claims against McKesson; disputed plaintiffs argued fraudulent joinder and misjoinder; court ultimately remands, declines to adopt procedural misjoinder; no attorney fees awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether procedural misjoinder can support removal. | Bayer argues severing misjoined claims allows removal. | Procedural misjoinder justifies removal when properly joined parties are completely diverse. | Court declines to adopt procedural misjoinder; removal not proper on that basis. |
| Whether complete diversity exists given California plaintiffs have viable claims against McKesson. | California plaintiffs against McKesson destroy diversity. | Some plaintiffs fraudulently joined; rest remain; but truly diverse count may exist. | Complete diversity lacking because California plaintiffs have viable claims against McKesson; not removable. |
| Whether fraudulent joinder analysis can foreclose remand. | Fraudulent joinder of Disputed Plaintiffs defeats remand. | If fraudulent, harms diversity; allows removal. | Fraudulent joinder analysis insufficient to support removal; court proceeds to misjoinder analysis and remands. |
Key Cases Cited
- Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353 (11th Cir. 1996) (recognizes procedural misjoinder (fraudulent misjoinder) concept in removal context)
- Rutherford v. Merck Co., 428 F. Supp. 2d 842 (S.D. Ill. 2006) (expresses caution about expanding diversity jurisdiction; rejects broad misjoinder approach)
- Garbie v. DaimlerChrysler Corp., 211 F.3d 407 (7th Cir. 2000) (plaintiffs may shape forum but cannot dismiss other plaintiffs to affect removal)