ROSMER v. PFIZER INCORPORATED

No. 00-2224.

263 F.3d 110 (2001)

Louise ROSMER, on behalf of herself and as class representative, Plaintiff-Appellant, v. PFIZER INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 23, 2001.


Attorney(s) appearing for the Case

ARGUED: Robert Norris Hill, Speights & Runyan, Hampton, South Carolina, for Appellant. David Klingsberg, Kaye, Scholer, Fierman, Hays & Handler, L.L.P., New York, New York, for Appellee.

ON BRIEF: Daniel A. Speights, Amanda G. Steinmeyer, Speights & Runyan, Hampton, South Carolina; Howard Hammer, Hammer, Hammer, Carrigg & Potterfield, Columbia, South Carolina, for Appellant.

Robert Grass, Kaye, Scholer, Fierman, Hays & Handler, L.L.P., New York, New York; Michael T. Cole, Jane Thompson Davis, Nelson, Mullins, Riley & Scarborough, L.L.P., Charleston, South Carolina, for Appellee.

Before WILKINSON, Chief Judge, MOTZ, Circuit Judge, and Cynthia Holcomb HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.


Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Senior Judge HALL joined. Judge MOTZ wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

This case turns on one discrete question of statutory interpretation — whether 28 U.S.C. § 1367 (1994) permits federal courts to exercise supplemental jurisdiction in a diversity class action when one named plaintiff has a claim above the jurisdictional...

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