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Products liability law suit stymied by jurisdiction issues

| Mar 7, 2014 | Products Liability

Legal matters of any type can be complex, and when you involve the various court systems in the country, it can be a veritable maze to get your claims before the correct court. A large products liability case that involves 261 women, including 21 from Florida, is facing obstacles due to questions about proper jurisdiction.

According to reports, the lawsuit was filed by a lawyer from another state on behalf of women in states across the country. The suit, which claims that the drug Lipitor caused diabetes, was filed on Feb. 7. The maker of the drug, Pfizer, was named as the defendant. The plaintiffs’ lawyer claimed that the company didn’t provide appropriate warnings with the product; he stated that the drug maker either knew or should have known that Lipitor was hazardous to people’s health.

A judge reviewed the lawsuit and ordered the attorney to amend the complaint on Feb. 12. According to the judge, the complaint was not complete. He requested that the attorney add both a statement for jurisdictional grounds and a minimum amount in controversy. The judge specifically stated that the pleading must contain information about the state where the business is incorporated as well as where it does principle business.

According to reports, the attorney failed to amend the pleading or failed to do so in a timely manner. On Feb. 25, the judge dismissed the case. According to court records, the same attorney has filed a separate case against Bayer regarding the plastic contraception device, Mirena. That case involves 44 women and was filed on Dec. 13 with no further entries into the docket as of March 4.

Large lawsuits for things such as products liability may involve multiple plaintiffs. They always involve a great deal of information and legal requirements. It’s essential to understand what is required by the court for a successful push of the claim to consideration or trial.

Source: The Madison-St. Clair Record, “Gilbert dismisses Lipitor suit saying 261 plaintiffs sued in wrong court” No author given, Mar. 07, 2014

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