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Amount in Controversy > $75,000. The Amount Good Faith Claim Rule OK unless it appears to a legal certainty that >$75K cannot be recovered Removal cases if no amount pled in state court Courts differ MO – “reverse rule”. Amount in Controversy > $75,000. When measured At time of filing

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Amount in controversy 75 000
Amount in Controversy > $75,000

  • The Amount

    • Good Faith Claim Rule

    • OK unless it appears to a legal certainty that >$75K cannot be recovered

    • Removal cases if no amount pled in state court

      • Courts differ

      • MO – “reverse rule”


Amount in controversy 75 0001
Amount in Controversy > $75,000

  • When measured

    • At time of filing

    • Failure to recover >$75K

      • Does not destroy fed jur.

      • May lead to cost award


Aggregation rules
Aggregation Rules

  • 2 P’s v Single D

    • Usually cannot aggregate

      • E.g., two passengers ($60K each) in same wreck can’t add claims

    • Narrow exception for common undivided claims

      • E.g. two partners suing on $80K debt to partnership

  • 1 P v. 2 Ds

    • Usually can’t add two <$75K claims to make >$75K

    • Very Narrow Exception:

      • Can aggregate if Ds are jointly liable

      • Note: Not necessary if each is liable for >$75K

      • Odd setting necessary

  • Single P v Single D

    • Add the claims together

  • P Class Members

    • May not aggregate <$75K claims

      • But see: Pending Case

    • Class Representative >$75K

    • but Class Members <$75K

      • Conflict among courts to be discussed later

  • Claims & Counterclaims

    • <$75K C & <$75K CC

      • Can’t add them together

    • <$75K C & >$75K CC (removal)

      • Permissive CC

        • Can’t aggregate

      • Compulsory CC

        • Vornado implies no

        • Lower Cts split (Mo: No)


Ben ma sues d ny
Ben (MA) Sues D (NY)

  • Claim $80K for soft tissue neck injury

  • Suppose $40K of that is for punitives

  • Suppose law is very clear that punitives can’t be recovered

  • Claim $80K for soft tissue neck injury

  • Suppose that D answers & says, “I do owe you $20K so only $60K is in dispute”

  • Ben sues for

    • Count 1: $30K for slander

    • Count 2: $50K for completely unrelated promissory note

  • What if D wins SJ on Count 2

    • Because note was 50 years old and S/L is 5 years


Ben ma emily ma sue d ny
Ben (MA) & Emily (MA) Sue D (NY)

  • They were in a car together that was hit by D

  • They each sue for $75K

  • They sue as class reps

  • They each claim $80K damages

  • Some class members from NY

  • Some class members have <75K in damages

    • Diversity?

    • Amount in Controversy?


Ben ma sues d ny1
Ben (MA) Sues D (NY)

  • Ben sues in state court praying for “such amount as is fair and reasonable.”

    • Is the amount in controversy met if D tries to remove to federal court

  • Ben sues in state court praying for $30K

    • Is the amount in controversy met if D counterclaims for $60K and tries to remove to federal court

  • Ben sues in state court praying for $30K

    • Is the amount in controversy met if D counterclaims for $90K and tries to remove to federal court


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