Judge Rules Transient Injuries Can Result in Damages Exceeding the Jurisdictional Limit

MINNEAPOLIS - A motion to remand filed by a Michigan woman seeking to represent a proposed nationwide class of individuals injured by Baycol was denied by a federal judge, who found that the damages sought by individuals allegedly suffering 'transient' or 'temporary' episodes of muscular pain exceeded the jurisdictional limit of $75,000. In re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn.).

U.S. District Judge Michael J. Davis' Dec. 12 order stated that an affidavit submitted by the plaintiff's medical witness explained that transient muscle pain could lead to life-threatening conditions or death. Such an injury, Judge Davis ruled, …