July 7, 2014—The United States District Court for the Eastern District of California remanded another improperly removed vaginal mesh case, and further ordered vaginal mesh maker C.R. Bard, Inc. to pay monetary sanctions in the amount of $3,800 for the improper removal.
The case—Dent v. C.R. Bard, Inc. (Case No. 1:14-CV-00442-LJO-SMS)—was originally filed on January 10, 2014 in California state court in Bakersfield. On March 26, 2014, C.R. Bard, Inc. removed the case to Federal Court claiming “fraudulent misjoinder” based on the Eleventh Circuit’s Tapscott decision. Two days later, Bard’s lawyers asked the Federal Court to stay the entire case until the case was transferred to a consolidated federal court in West Virginia.
The plaintiff responded with a motion to remand the case to California state court based on the fact that “fraudulent misjoinder” is not a doctrine that’s accepted in the Ninth Circuit. Additionally, the plaintiff filed a response to Bard’s stay request arguing that jurisdiction must be decided before Bard’s stay request was considered.
After reviewing the parties’ filings, United States Magistrate Judge Sandra M. Snyder issued an order on July 7, 2014 granting plaintiff’s motion to remand the case back to California state court. Additionally, Judge Snyder ordered that Bard pay monetary sanctions in the amount of $3,800 for improperly removing the case from California state court.
Vaginal mesh makers don’t want to face California juries so they have repeatedly abused the removal process in the past several years. But most federal court judges aren’t allowing the vaginal mesh companies to get away with their improper removals. The following federal district court orders below show a trend that federal courts will continue to send these improperly removed cases back to California state court where they belong:
- Haston v. Yeo (ED CV 13-00364-JFW (Opx); March 11, 2013)
- Goodwin v. Kojian (13-cv-325-JST; April 12, 2013)
- Lung v. Schlesinger (13-cv-00672 SJO; April 1, 2013)
- Guardado v. Highshaw (13-cv-365 PSG; May 6, 2013)
- Perry v. Luu (13-cv-729-AWI-JLT; July 3, 2013)
- Dent v. C.R. Bard, Inc. (1:14-cv-00442-LJO-SMS; July 7, 2014)
- Lopez v. Pfeffer (13-cv-03341-NC; September 25, 2013)