131996P.pdf   06/26/2013  Daniel Raskas  v.  Johnson & Johnson
   U.S. Court of Appeals Case No:  13-1996
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Wollman and Gruender, Circuit Judges] 
   Civil Case - Class Action Fairness Act. District court erred in concluding 
   defendants failed to establish the amount in controversy was not met and 
   erred in remanding the case to state court. In action under the Missouri 
   Merchandising Practices Act alleging that defendant drug companies 
   conspired to deceive customers into throwing away medications after their 
   expiration date, knowing the medications were still safe and effective, 
   evidence as to total sales of their respective medications in Missouri 
   meets the amount in controversy requirement. Claim that the amount was 
   overinclusive because plaintiffs were attempting to recover damages for 
   medications discarded and replaced only, failed, as proponent of federal 
   jurisdiction must explain plausibly how the stakes exceed $5 million 
   unless it is legally impossible. Highly improbable recovery does not meet 
   the legally impossible standard. Hearsay argument is rejected, as burden 
   of establishing amount in controversy is a pleading requirement not a 
   demand for proof.