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United States Seventh Circuit


Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC, 09-2523

In plaintiff's action against defendant claiming that it fraudulently claimed that a lamp designed to relieve pain and improve circulation was approved by the FDA for the treatment of a condition involving numbness and tingling in the extremities caused by diabetes and other diseases, judgment in favor of the defendant is affirmed as there is serious doubt whether the plaintiff ever had a good-faith basis for claiming damages in excess of $75,000, and by adding a federal claim after removal, plaintiff brought its suit within the federal-question jurisdiction of the district court and its state-law claims within the district court's supplemental jurisdiction, which has no minimum amount in controversy requirement.

Appellate Information

  • Argued 11/06/2009
  • Decided 12/21/2009
  • Published 12/21/2009

Judges

  • POSNER, Circuit Judge., Before POSNER, KANNE, and ROVNER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Jennifer S. Milligan (argued), Carmel, IN, for Plaintiff-Appellant.

  • For Appellees:
  • Robert E. Johnson, Attorney (argued), Gray Robinson P.A., Tampa, FL, Michael A. Wukmer, Attorney, Ice Miller, Indianapolis, IN, for Defendant-Appellee.
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