In Raskas v. Johnson & Johnson, No. 13-1996 (8th Cir. June 26, 2013), consumers sued the defendants, various drug companies, in state court alleging that the defendants violated Missouri law by encouraging consumers to discard medicines that were beyond their expiration date, but which were still effective. Defendants removed the case to federal court, demonstrating that their Missouri sales exceeded $5 million. The district court concluded that defendants’ sales were not plaintiffs’ harm, and remanded the case to state court. The Eighth Circuit reversed. Relying on cases from other circuits, the Eighth Circuit stated that entire sales within the state formed the amount in controversy as a fact finder might find the entire sales amount was the proper damage amount. The court concluded that once the proponent of federal jurisdiction had explained plausibly how the stakes exceeded CAFA's $5 million threshold, the case belongs in federal court unless it is legally impossible for the plaintiff to recover that much. Even if it was highly improbably that the plaintiffs would recover that much, the proof did not satisfy the legally impossible standard.