Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC, No. 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.  

Read Nightingale Home Healthcare, Inc. v. Anodyne Therapy, LLC, No. 09-2523

Appellate Information

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division

Decided December 21, 2009

Judges

Before:  Posner, Kanne, and Rovner, Circuit Judges

Opinion by Posner, Circuit Judge