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Rite Aid s 11th-Hour Axing From Pa. Talc Case Troubles Judge
Law360 (August 3, 2021, 10:02 PM EDT) A Pennsylvania federal judge expressed concern Tuesday over whether a move to drop Rite Aid as a defendant on the night before jury selection in what was set to be Philadelphia County s first-ever talc trial demonstrated a bad faith effort to keep the case out of federal court.
Senior U.S. District Judge Michael Baylson is considering an emergency motion to remand the case back to the Philadelphia County Court of Common Pleas after Johnson & Johnson, the sole remaining defendant, used Rite Aid s eleventh-hour dismissal as grounds to invoke diversity jurisdiction and remove the claims being pursued by Ellen Kleiner over.
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