Santiago v. Barre National, Inc.

MEMORANDUM AND ORDER

WOODLOCK, District Judge.

I. Introduction

The plaintiff asserted negligence and breach of warranty claims against a pharmacy and two drug companies arising out of the use of a drug which she alleges left her minor son with serious permanent brain damage. The case was originally filed in Suffolk Superior Court in June 1990. After the nondiverse party settled out of court, defendant Barre National, Inc. removed the case to federal court in February 1992. The plaintiff, asserting the removal was not timely, then moved to remand the case to state court.

For reasons discussed…