Judge Rules Plaintiffs' Request for Equitable Relief Exceeds Jurisdictional Limit
July 29, 2003
DOCUMENTS
- Decision and Order
MILWAUKEE - A federal judge refused to remand a proposed class action suit against the manufacturer of Paxil after finding that the estimated value of the plaintiffs' request for equitable relief, which included enjoining SmithKline from using allegedly misleading ads for the antidepressant, exceeded the jurisdictional limit of $75,000. Christen Holcombe, et al., v. SmithKline Beecham, et al., No. 02-C-1158 (E.D. Wis.).
U.S. District Judge Lynn Adelman ruled that the value of injunctive relief is determined by either its benefit to the plaintiff or the defendant's cost of compliance. SmithKline adequately demonstrated that an injunction requiring it to pull its …
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