Judge Rules Supplement Maker Failed to Prove Plaintiff's Claim for Damages Will Exceed Jurisdictional Amount

NEW ORLEANS-A federal judge granted a plaintiff's motion to remand a Metabolife products liability case on grounds that the manufacturer could not sufficiently prove that the amount in controversy exceeded the jurisdictional limit. Arcement v. Metabolife International, Inc., No. 02-405 (E.D. La.).

According to U.S. District Judge Jay C. Zaney's Oct. 4 order, the supplement maker failed to satisfy the requirements of Luckett v. Delta Airlines Inc., where the Fifth Circuit established the guidelines for determining if the amount in controversy exceeds the jurisdictional limit in cases where the request for damages is not mentioned in the complaint. The Fifth …