Federal Court Remands Knee Implant Suit for Failing to Meet $75,000 Threshold



DOCUMENTS
  • Order
  • Removal Notice and Complaint


SAN FRANCISCO — A federal judge has remanded a California plaintiff’s knee implant suit to state court after finding that Zimmer Inc. (NYSE: ZMH) failed to demonstrate that the amount in controversy meets the federal court’s $75,000 threshold.

Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California termed Zimmer’s assertions to the contrary “speculation,” and said “[r]emoval cannot be based simply upon conclusory allegations.”

Judge Hamilton ordered the case returned to the Alameda County (Calif.) Superior Court, where it was filed Dec. 27 by plaintiff Brian McGarry (No. RG12661508).

McGarry alleged that he was …

FIRM NAMES
  • Delfino Green & Green
  • Reed Smith





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