ST. LOUIS — U.S. District Judge Stephen Limbaugh of the Eastern District of Missouri has dismissed the claims of 92 non-Missouri plaintiffs in product liability litigation against Bayer Corp. over its birth control device Essure.
In an order dated Jan. 24, Limbaugh dismissed the non-resident claimants for lack of personal jurisdiction. Of the three remaining Missourians in the action, Limbaugh wrote they have until Feb. 20 to respond to Bayer's motion to dismiss.
He further denied the plaintiffs' motion to remand the litigation to St. Louis City Circuit Court.
The mass action was filed last year on 14 counts including negligence, strict liability, manufacturing defect, fraud, breach of warranties, violation of consumer protection laws, Missouri products liability, violation of the Missouri Merchandising Practices Act, and punitive damages.
Bayer removed the case to federal court, relying on the landmark U.S. Supreme Court ruling in Bristol-Myers Squibb that severely limits the ability of out-of-state plaintiffs to attach themselves to suits filed in the state.
The plaintiffs had argued that Limbaugh should not look to personal jurisdiction, but rather should recognize that his court does not have subject matter jurisdiction over and remand to state court.
They further argued that subject matter jurisdiction "provides a more straightforward analysis."
"Personal jurisdiction, on the other hand, poses questions that plaintiffs say entitle them to discovery," the ruling states. "Plaintiffs contend that the Bayer defendants conducted marketing and clinical trials in St. Louis, Missouri, and that the marketing and clinical trials provide the facts necessary to make a prima facie case of personal jurisdiction."
The plaintiffs had not responded to the motion to dismiss or a motion to sever claims because they wanted a stay of the consideration of personal jurisdiction in favor of resolving the subject matter jurisdiction questions.
Limbaugh denied the plaintiffs' motion to stay and their motion for leave to conduct jurisdictional discovery.