SHREVEPORT - Endo Health Solutions and Endo Pharma Inc. on Aug. 8 asked for removal in an alleged prescription opioid abuse case from the First Judicial Court for the Parish of Caddo, Louisiana, to U.S. District Court for the Western District over diversity jurisdiction.
Endo Health Solutions and Endo Pharma Inc. are being sued over an opioid abuse case involving FDA approved and manufactured opioid prescription. Allegations are that consumers were misled about the addictive properties of the drug.
The City of Shreveport first filed a complaint against manufacturer Endo, other manufacturers, distributors and physicians on December 19, 2017, in the First Judicial Court for the Parish of Caddo, Louisiana, for alleged prescription opioid abuse issues.
United States District Court Seal | Wikimedia Commons
On June 22, 2018, the City of Shreveport filed an additional complaint that included Endo alleging that marketing of FDA approved opioids were askew. Manufacturers and physicians misrepresented the risks of taking prescribed opioid medications, the city alleged. The city of Shreveport also argued that there was a duty of distributors to avoid promoting the distribution of opioids and failure to report suspicious orders.
Endo removed the case arguing that the U.S. District Court should have jurisdiction because the opioid suit exceeded $75,000 in damages between parties that have varying citizenship in different states.
According to US Code, Title 28, the U.S. District Court has reigning jurisdiction over the circuit court because of the amount in damages and varying state residency of the parties.
No other named defendant besides Louisiana Wholesale is an actual resident of Louisiana. Endo resides in Pennsylvania and has filed business licensure under Pennsylvania.
Endo also believes that the City of Shreveport has included Louisiana Wholesale in the suit for no reason, other than to try and overthrow diversity jurisdiction, because the other defendants are from out of state. Endo would like to sever Louisiana Wholesale from the suit because of diversity jurisdiction and has asked the court to do so in their notice of removal.