Judge Rules Plaintiffs Can Recover Attorney's Fees Under State Redhibition Laws, Denies Motion to Remand

BATON ROUGE, La.-A federal judge denied the motion to remand a statewide class action suit against the manufacturer of Paxil on grounds that the plaintiffs' ability to recover attorney's fees pursuant to Louisiana state law would result in damages that exceed the jurisdictional limit. Ted Bowman, et al., v. SmithKline Beecham Corp., et al., No. 02-0909 (M.D. La.).

According to U.S. Magistrate Judge Stephen C. Riedlinger's Dec. 11 Rules and Recommendations, the recovery of attorney's fees is warranted under Louisiana state law because the plaintiffs assert redhibitory claims in their complaint and are seeking class action status.

Lead plaintiffs Ted …