Have you ever gone to a party and felt unwelcome? Neither have we, but the moving party in Bartis v. Biomet, Inc., No. 4:13-cv-00657, 2021 U.S. Dist. LEXIS 21048 (E.D. Mo. Feb. 4, 2021), sure must have felt that way. She tried to join and intervene in a consolidated set of prosthetic hip-related lawsuits
We have always wondered why judges are hesitant to sever the claims of plaintiffs who never should have joined their claims together in the first place. You know what we mean—multiple plaintiffs, sometimes dozens of them, who join their claims together in one complaint based only on the allegation that they used the same or
Diversity jurisdiction has been on our minds a lot lately. Last week, we wrote about a plaintiff who unsuccessfully tried to steer under the $75,000 amount in controversy requirement. As John Adams said, “facts are stubborn things,” and the existence of medical bills in excess of $75,000 refuted the plaintiff’s remand motion and permitted the
Sometimes we find it simply best to start with the facts. The facts of Graham v. Mentor World Wide LLC, 2019 WL 3253185 (E.D. MO Jul. 19, 2019) are: