Donald M. Middlebrooks

Affiliations

• In Re Trasylol Products Liability Litigation-MDL-1928

  District Court, S.D. Florida · 2010-12-06 · cited 5×

  This case involved a products liability action originally filed in Missouri state court by 99 plaintiffs from multiple states against Bayer entities, alleging injuries from the drug Trasylol. Defendants removed the case to federal court under diversity jurisdiction, arguing that the eight non-diverse plaintiffs from Indiana and Pennsylvania had been fraudulently misjoined with the others to defeat complete diversity. The court granted the plaintiffs' motion to remand the case to state court, finding that the claims satisfied joinder standards under Missouri and federal rules because they shared common questions of law and fact arising from the same series of transactions, so fraudulent misjoinder was not established and diversity jurisdiction was absent. The court denied the request for attorney fees and costs, concluding that the removal had an objectively reasonable basis given the MDL context and existing case law on the doctrine.

  proceduretorts & liability

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• United States v. Gonzalez

  District Court, S.D. Florida · 2010-06-10 · cited 84×

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• Securities & Exchange Commission v. Solow

  District Court, S.D. Florida · 2010-01-22 · cited 16×

  Read the full opinion inline ▾ (13,472 words)

• Palm Beach County Environmental Coalition v. Florida

  District Court, S.D. Florida · 2009-07-27 · cited 6×

  Read the full opinion inline ▾ (14,126 words)

• Ali v. Prestige Window & Door Installation, LLC.

  District Court, S.D. Florida · 2009-06-15 · cited 4×

  Read the full opinion inline ▾ (2,396 words)

• In Re United States Sugar, Corp. Litigation

  District Court, S.D. Florida · 2009-04-28 · cited 2×

  Read the full opinion inline ▾ (15,522 words)