Kanter

ORDER REMANDING CASE TO STATE COURT AND GRANTING PLAINTIFFS’ REQUEST FOR FEES AND COSTS

INTRODUCTION

This class action suit, originally filed in the San Francisco Superior Court, was removed by defendant Pfizer on the basis of diversity of citizenship. Plaintiffs have filed a motion to remand the case to state court and to recover from defendants their attorneys’ fees and costs stemming from the removal to federal court. Defendant Pfizer filed an opposition, in which all defendants have joined. Plaintiffs’ motion requires the Court to determine whether defendants have met their burden of demonstrating that the amount in controversy, exclusive of interest and costs, exceeds $75,000, and if not, whether the removal justifies charging defendants with plaintiffs’ reasonable fees and costs incurred in obtaining remand.

BACKGROUND

Defendants manufacture and sell over-the-counter head lice remedies. Plaintiffs allege that defendants have continued to sell those products despite knowledge that head lice have developed resistance to their active ingredients, rendering the products useless. Plaintiffs seek to represent a class of all California residents who have purchased the allegedly…