Plaintiffs' Fraudulent Joinder Tactic Results In Dismissal

Defendants successfully argued "fraudulent joinder" in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety.¹ The case was decided on Plaintiffs' motion to remand and Defendants' motions to dismiss after Defendant Ferring Pharmaceuticals removed the suit to federal court based on diversity jurisdiction.  The court rejected Plaintiffs' argument that the forum defendant rule applied and ultimately dismissed the case.

Background

Ferring manufactures and distributes Bravelle, a drug designed to treat infertility in women.  Plaintiffs, who were citizens of Texas and Utah, sued Ferring and Stericycle in Illinois state court.  They alleged that Ferring recalled multiple lots of the drug that did not meet potency specifications and that Stericycle administered the recall.  Plaintiffs further alleged that they consumed Bravelle from the recalled lots and asserted claims based on negligence, strict liability, product liability, and express