Harshey v. Advanced Bionics Corporation

2009 WL 3617756 (Oct. 29, 2009)

Free access to 20,000 Casebriefs

Facts

P had surgery for the implantation of a pulse generator manufactured by D. P filed this action alleging that the device has malfunctioned and has subjected him to painful and dangerous electrical shocks, causing 'severe and permanent injuries.' P's wife has joined as a plaintiff with a claim for loss of consortium, and his son has joined with a claim for negligent infliction of emotional distress. Ps filed the action in state court, and D removed the case by invoking the court's diversity jurisdiction under 28 U.S.C. § 1332, which requires diversity of citizenship and an amount in controversy exceeding $ 75,000, exclusive of interest and costs. Ps moved to remand. Ps submitted post-removal stipulations stating that none of them individually seeks, demands, or will accept any recovery in excess of $ 75,000. D presented the statement of their counsel that their 'experience with personal injury litigation' and the general descriptions of Ps' alleged injuries in the complaint show that the amount in controversy requirement is satisfied.

Nature Of The Case

This section contains the nature of the case and procedural background.

Issues

The legal issues presented in this case will be displayed here.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.