9) Since the Red Cab decision, federal courts have split as to what courts may consider when determining if the amount in controversy exceeds the jurisdictional threshold.
This Note will argue that a limited application of the majority approach is the sound analytical method for determining whether the amount in controversy exceeds the jurisdictional threshold.
HISTORICAL DEVELOPMENT OF THE AMOUNT IN CONTROVERSY REQUIREMENT
25) This Note focuses on one such limitation--the amount in controversy threshold that a plaintiff must satisfy to invoke diversity jurisdiction.
Since the enactment of Section 1332, and specifically the inclusion of an amount in controversy requirement, scholars have promulgated numerous bases for its existence.
40) Without any further substantive analysis as to what it meant by the "value of the object," however, the Ward Court provided little guidance for future determinations of amount in controversy disputes.
The three jurisdictional prerequisites for diversity removal, then, are: a civil lawsuit, an appropriate amount in controversy, and diversity of citizenship between the parties.
The courts have approached this problem by analyzing the amount in controversy requirement in a fairly broad light.
When the jurisdictional amount is challenged, a defendant may engage in limited discovery for the purpose of ascertaining the amount in controversy.
Reversing the district court's finding that the company failed to demonstrate an adequate amount in controversy, the 11th Circuit equated the affidavit of a real estate appraiser setting the value of the property at $98,350 to the "value of the object of the litigation," and concluded that the jurisdictional threshold had been met.
2001) (proposal for settlement sent to defendant demanding $175,000 for a release of all claims provided adequate basis for the court to determine that the amount in controversy was present); Burns, 31 F.