There are NuvaRing lawsuits pending in an MDL (cases consolidated around the country in Missouri) and in New Jersey. Even though Organon is a New Jersey defendant, it sought to remove the NuvaRing cases because Organon was not “properly joined and served” under §1441(b) because Organon was not served with a tracking assignment number as required by New Jersey law.
No tracking assignment number? Who thinks of these things? Sure, strictly construed void of any sense of fairness or context, the statute the rule would preclude removal by an in-state defendant who has not been “properly joined and served” at the time of removal. But would a judge be such a foolish hypertechnical slave to the language beyond logic, reason, and the legislative intent of the statute? Thankfully, no. The New Jersey District Court found that strict adherence to the statute’s plain language would defeat the legislative intent and, accordingly, the law should not be interpreted to produce an absurd result.
Get the latest update as of August 2013 in these cases here.