Plaintiff's Stipulation to Reduce Damages Does Not Defeat Federal Jurisdiction, Judge Rules

PIKEVILLE, Ky. - A federal judge denied a man's motion to remand his Lipitor products liability case, ruling that the plaintiff's post-removal stipulation to reduce his damages to $74,500 does not defeat federal jurisdiction. Roger Gullett v. Pfizer, Inc., No. 03-308-DCR (E.D. Ky., Pikeville Div.).

U.S. District Judge Danny C. Reeves' Jan. 2 order denying plaintiff Roger Gullett's motion to remand stated that courts are instructed to examine at the time of removal whether the damages are likely to exceed $75,000. In addition, Gullett's post-removal stipulation had no bearing on federal jurisdiction because he did not specify the amount in …