Judge Denies Plaintiffs' Motion to Remand, Rules Court Still Has Subject Matter Jurisdiction

NEW ORLEANS - A federal judge denied a second motion to remand filed by the plaintiffs in a failed class action suit seeking to recover damages for injuries caused by Metabolife 356, a dietary supplement containing ephedra and caffeine, after ruling that the court still had subject matter jurisdiction over the plaintiffs' claims. Shirley Kemp, et al., v. Metabolife International, Inc., et al., No. 00-3513 (E.D. La.).

U.S. District Judge Helen G. Berrigan opined that even though the putative class was denied certification, subject matter jurisdiction must be determined as if the proposed class were an actual class. In class …