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Federal Court Grants Helmer Friedman LLP’s Motion In Azarbarzin v. ConvaTec To Remand Case Back To State Court

On January 7, 2013, the Honorable Judge Gary Allen Feess (United States District Court For The Central District of Los Angeles) granted a motion to remand filed by Helmer Friedman LLP and sent Azarbarzin v. ConvaTec (CV 12-9800 GAF (AJWx)) back to California State Court.  A copy of Judge Feess’ Order can be accessed here.

In Azarbarzin, the plaintiff alleged that defendant ConvaTec fired her because she: (1) took workers’ compensation leave, (2) questioned Convatec’s unlawful marketing practices, and (3) is Middle Eastern.  With respect to the Company’s unlawful marketing practices the plaintiff alleged that defendant ConvaTec’s illegal marketing/sales strategies included: (1) off-label marketing in direct violation of FDA regulations; and (2) falsely disparaging the medical products sold by its competitors.  A copy of the complaint can be accessed here.

Ms. Azarbarzin initially filed her complaint in California State Court.  Defendant ConvaTech, represented Marina C. Tsatalis, Alexandra Pavlidakis and Koray Bulut (of Wilson Sonsini Goodrich & Rosati)  responded by inappropriately removing the case to federal court.  Recognizing that their removal was improper, Judge Feess, sua sponte, remanded the case back to the California State Court.

Wilson Sonsini then removed the case to federal court for a second time.  Helmer Friedman LLP immediately filed a motion to remand on the basis that the removal was again defective and the Court granted the motion.

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