Slater v. Hoffman-La Roche Inc.
771 F. Supp. 2d 524
E.D. Pa.2011Background
- Slater used Accutane for acne starting fall 2002; monographs from WKH accompanied prescriptions.
- Plaintiff alleges Accutane can cause inflammatory bowel disease (IBD) and colitis/ulcerative colitis maladies.
- Plaintiff claims Roche failed to investigate/warn about Accutane's IBD risk; WKH allegedly provided inadequate warnings in monographs.
- Plaintiff filed suit in Philadelphia County in 2010; Roche removed to federal court alleging WKH fraudulently joined.
- MDL transfer CTO issued by JPML in 2010 directs transfer of Accutane products liability actions; plaintiff opposed CTO; JPML undecided as of memorandum.
- Jurisdiction is complete diversity; WKH is a Pennsylvania citizen, potentially destroying complete diversity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was WKH fraudulently joined to defeat removal? | WKH claims require no Pennsylvania duty; no genuine claim against WKH. | WKH is in-state; plaintiff’s theory creates duty via voluntary warnings; joinder is fraudulent. | WKH was not fraudulently joined. |
| Whether the case should be removed or remanded given WKH's status as a Pennsylvania defendant | Remand appropriate if WKH is in-state defendant; removal improper. | Removal proper unless fraudulently joined; WKH joins Roche’s MDL transfer strategy. | Remand ordered; removal improper because WKH is nondiverse. |
| Whether the court should sever and remand only WKH's claims | Severance not appropriate; WKH not indispensable; would force dual fora. | Severance would streamline discovery and MDL transfer. | Court declines severance; remands entire case. |
Key Cases Cited
- In re Briscoe, 448 F.3d 201 (3d Cir. 2006) (fraudulent joinder standard; relief if no reasonable basis to sue non-diverse party)
- Batoff v. State Farm Ins. Co., 977 F.2d 848 (3d Cir. 1992) (joinder must be more than merely weak; substantial basis required)
- Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826 (U.S. 1989) (Rule 21 severance authority; preserve jurisdiction by dropping dispensable parties)
- Meritcare Inc. v. St. Paul Mercury Ins. Co., 166 F.3d 214 (3d Cir. 1999) (severing non-diverse party to retain jurisdiction)
- Korea Exchange Bank v. Trackwise Sales Corp., 66 F.3d 46 (3d Cir. 1995) (removal defect does not deprive subject-matter jurisdiction)
- Wilson v. Republic Iron & Steel Co., 257 U.S. 92 (U.S. 1921) (fraudulent joinder doctrine; remove unless reasonable basis to sue joined party)