Early Victory for Tosi Law: Dexcom’s Snap Removal Strategy Defeated

Tosi Law senior partner Min Koo assisted in preventing Dexcom’s defense team from exploiting a procedural loophole that would have given the pharmaceutical company several advantages during the forthcoming trial.

The tactic, known as a “snap removal,” would have resulted in the court moving the lawsuits from state to federal court, where defendants typically experience considerable legal benefits.

Dexcom attorneys attempted the snap removal of three cases against their client, a risky tactic that would have presented them with a crucial early triumph in what is sure to be a complex, high-stakes case.

Ms. Koo and the Tosi Law team successfully argued against a move that the 9th Circuit Court of Appeals dubbed a “super snap removal.” Their success ensured that her clients’ cases would be heard by juries from their home states, amongst other benefits.

In response to the court’s decision, Ms Koo remarked that the outcome was a: “much-needed reminder [that] procedural gamesmanship has no place in our jurisprudence and access to federal courts must be obtained fairly.”

“The ‘gamesmanship’ she refers to in her statement involves the legal specifics of snap removals, which typically exploit a brief window between filing a complaint and its official service to the defendant. During this period, defendants can exploit a legal loophole to quickly move a case to federal court before the state court can formally process it.

Tosi Law’s legal victory is important not only for their clients in this case but also for future plaintiffs in similar lawsuits. The court’s decision now sets a precedent that plaintiff attorneys can reference when arguing against snap removals.

Dexcom, a manufacturer of devices used to treat diabetes, is being sued by several of its customers after one of the company’s flagship devices continued to malfunction, resulting in severe health implications for its users. 

The G6 Continuous Glucose Monitoring (CGM) system claims to continuously monitor its wearer’s blood sugar levels and provide real-time alerts when these reach dangerous levels. Plaintiffs allege that their G6 GCM failed to provide accurate readings and alerts. 

By 2022, the G6 system was the subject of more than 800,000 complaints, with several wearers experiencing brain injuries, seizures, and comas. 13 of these FDA reports involved the death of the G6 wearer.

Following their success in defeating the defense’s pre-trial tactic, the Tosi Law team also played an instrumental role in preventing the Dexcom lawsuits from going to arbitration, an out-of-court process that typically provides significant benefits for corporate defendants like Dexcom.

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If you or a loved one has developed multiple myeloma or any other type of cancer after being exposed to Roundup, you could be entitled to compensation. Please call Tosi Law LLP at 888-311-8292 for more information. Our defective product lawyers are ready to help you file a Roundup lawsuit.

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