La. Judge Says Plaintiff Tried to Avoid Federal Jurisdiction, Denies Remand

  • Complaint
  • Memorandum Ruling on Appeal
  • Memorandum Ruling on Remand
  • Motion to Remand
  • Notice of Appeal
  • Opposition to Appeal
  • Opposition to Motion

SHREVEPORT, La. - A Louisiana judge on Dec. 1 affirmed a magistrate judge's ruling denying remand of a Risperdal personal injury lawsuit, concluding that the amount in controversy exceeds the federal court's $75,000 threshold despite plaintiff's assertion to the contrary. Smith v. Janssen Pharmaceutica Inc. No. 5:05-cv-01587 (W.D. La.).

Lashun Smith sued Janssen Pharmaceutica Inc. in Louisiana's 1st Judicial District Court for Caddo Parish on July 29 on behalf of her child, Cydreaka Smith. Janssen removed the case to the U.S. District Court for the Western District of Louisiana on Sept. 7.

Smith claims Cydreaka suffered severe seizures after …


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