Question

Abbott Laboratories manufactured and sold the Life Care PCA, a pump that delivers medication into a person intravenously at specific time intervals. Beverly Lewis sued Abbott in a Mississippi state court, alleging that a defective Life Care PCA had injured her by delivering an excessive quantity of morphine. Abbott served Lewis with a request for admission calling for her to admit that her damages did not exceed $75,000. Lewis did not answer the request for admission. Abbott removed the case to the U.S. District Court for the Southern District of Mississippi, predicating the court's subject matter jurisdiction on diversity of citizenship and an amount in controversy exceeding $75,000.
Contending that her silence had amounted to an admission that her damages were less than $75,000, Lewis filed a motion asking that the federal court remand the case to the state court. Did the federal court have subject-matter jurisdiction? How did the federal court rule on Lewis's motion to send the case back to the state court?



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  • CreatedJuly 16, 2014
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