Pfizer Claims Plaintiff's Post-Removal Stipulation Limiting Damages is Fatally Flawed

PIKEVILLE, Ky. - Pfizer recently responded to a man's motion to remand and stipulation stating that the damages he was seeking for his alleged Lipitor-induced injury did not exceed $75,000, claiming that the post-removal stipulation is fatally flawed. Roger Gullett v. Pfizer, Inc. No. 03-CV-308-DCR (E.D. Ky., Pikeville Div.).

The drug company's Dec. 8 response contended that the case should remain in federal court because the damages sought exceeded the jurisdictional limit at the time of removal. Pfizer further contended that the language in plaintiff Roger Gullet's complaint demonstrated that the amount in controversy was greater than $75,000, and that …