The first lawsuit against Bayer AG and Janssen involving the drug Xarelto has started in a state court. Most products liability cases involving dangerous or defective drugs are filed in federal district courts. These cases can however, be filed in state courts across the county so long as jurisdiction is proper. The cases do not usually end up going to trial in state court even if they commence there, because pursuant to 28 U.S. Code § 1446, a defendant may remove a case to federal court as long there is proper subject matter jurisdiction and personal jurisdiction.
Personal Jurisdiction in Federal Court
Personal jurisdiction, also known as in personam jurisdiction means that the parties have some ties to the forum state making the action proper within the context of Due Process. This is usually not hard to satisfy as long as the case is removed to the a federal court that sits in the same jurisdiction in which the state court action was originally filed. For example, if a plaintiff was injured by Xarelto in Boston and filed a case in the Suffolk County Superior Court, the case could removed to the U.S. District Court for the District of Massachusetts which is also located in Boston. Continue reading