Removal Based On Misjoinder Of A Treating Physician
Sunday, July 26th, 2009We’ve published a couple of posts recently (here and here) about removal in the tough context — where the medical malpractice and product liability claims arise out of the same medical treatment. In that situation, the removing product manufacturer must convince the federal court to sever (and remand) the malpractice claims, and to retain jurisdiction over the product liability claims, even though evidence introduced at the malpractice and products (more…)