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

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Amount in Controversy > $75,000

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  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

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