1 / 6

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 > $75,000. When measured At time of filing

Download Presentation

Amount in Controversy > $75,000

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. 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”

  2. 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

  3. 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)

  4. 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

  5. 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?

  6. 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

More Related