Calif. Federal Judge Refuses to Remand Contaminated Eyedrop Case Before Discovery
August 1, 2023
SAN FRANCISCO — A California federal judge has refused to remand an action in which a man alleges he went blind in one eye after using contaminated eyedrops from Amazon, ruling his allegations against an unnamed doe defendant cannot defeat diversity jurisdiction.
In a July 26 order, Judge Jacqueline S. Corley of the U.S. District Court for the Northern District of California explained that remand may be possible if discovery yields information that defeats diversity jurisdiction at a later stage.
California resident Milton Reynolds alleges that lubricating eyedrops he bought from Amazon were contaminated, leading to an infection in …