Harshey v. Advanced Bionics Corporation

2009 WL 3617756 (Oct. 29, 2009)

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Nature of the Case

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Facts

P had surgery for the implantation of a pulse generator manufactured by D. P filed this action alleging that the device has malfunctioned and has subjected him to painful and dangerous electrical shocks, causing 'severe and permanent injuries.' P's wife has joined as a plaintiff with a claim for loss of consortium, and his son has joined with a claim for negligent infliction of emotional distress. Ps filed the action in state court, and D removed the case by invoking the court's diversity jurisdiction under 28 U.S.C. § 1332, which requires diversity of citizenship and an amount in controversy exceeding $ 75,000, exclusive of interest and costs. Ps moved to remand. Ps submitted post-removal stipulations stating that none of them individually seeks, demands, or will accept any recovery in excess of $ 75,000. D presented the statement of their counsel that their 'experience with personal injury litigation' and the general descriptions of Ps' alleged injuries in the complaint show that the amount in controversy requirement is satisfied.