American Home Products, Inc. v. Collins
- Case Date: 1/19/2005
- Project Name: Health Care Project
On April 18, 2005, the U.S. Supreme Court declined to review a lower court decision that makes it more difficult for out-of-state defendants to move their lawsuits from state court to federal court. The suit at issue was filed against all the major childhood vaccine manufacturers and threatens to drive even more manufacturers out of the market. The order declining review was a setback for WLF, which filed a brief urging that review be granted. WLF argued that the lower court defined "fraudulent joinder" in an unnecessarily narrow manner. WLF argued that plaintiffs' lawyers regularly join fraudulent defendants to their lawsuits in an effort to prevent out-of-state corporations from moving lawsuits to federal court, which are generally considered less hostile to out-of-state corporations than are state courts. WLF argued that out-of-state corporations should be permitted to move suits to federal court without regard to the presence of fraudulently joined in-state defendants.
More Information and Downloads:
1/19/2005: Download the Brief
Litigation Update: Court Declines To Review Decision Limiting Federal Court Removal Right