BAILEY v. JANSSEN PHARMACEUTICA, INC.

No. 07-12258.

536 F.3d 1202 (2008)

Lori Jo BAILEY, as the Personal Representative of the Estate of Chad Beal, Plaintiff-Appellant, v. JANSSEN PHARMACEUTICA, INC., Janssen, L.P., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 29, 2008.


Attorney(s) appearing for the Case

Richard A. Kupfer, Richard A. Kupfer, P.A., Delray Beach, FL, for Plaintiff-Appellant.

Jack R. Reiter, Michele Aimee Vargas, Adorno & Yoss, P.A., Coral Gables, FL, for Defendants-Appellees.

Before ANDERSON and SILER, Circuit Judges.


ANDERSON, Circuit Judge:

Plaintiff-appellant, Lori Jo Bailey, brought this wrongful death action on behalf of Chad Edgar Beal ("Beal"), who died of fentanyl toxicity after he used a prescription patch manufactured, distributed, and retailed by the defendant companies. The action was originally filed in state court and removed under 28 U.S.C. § 1441(a), pursuant to § 1446(b), by the last-served defendant more than thirty days after service on the other defendants...

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