Philips CPAP Plaintiff Seeks Remand, Says Amount in Controversy Not Met

PITTSBURGH — A plaintiff has asked a Pennsylvania federal judge to remand her proposed class action targeting Philips recalled CPAP and Bi-Level PAP machines, arguing the amount-in-controversy requirement of $75,000 has not been met.

In a motion filed in the U.S. District Court for the Western District of Pennsylvania, the plaintiff claims a reasonable reading of the complaint places the amount in controversy at $9,950 to $19,750 – well below the jurisdictional threshold.

Pennsylvania citizen Roxanne Bleakney filed a putative class action against Philips RS North America LLC in Pennsylvania state court on Sept. 16, accusing the company that sold …