59) Unlike the Third Circuit, however, the Seventh Circuit correctly construed Red Cab as imposing the legal certainty standard only upon parties seeking to avoid federal court jurisdiction--as in Red Cab, plaintiffs seeking remand--who claim that, despite a party's allegation that the jurisdictional minimum is satisfied, the amount in controversy is less than the statutory minimum.
64) After removal, the district court issued a show-cause order, requiring the defendant to demonstrate that the amount in controversy exceeded $5 million and that the case otherwise met the definition of a "mass action" as contained in 28 U.
1] Although these revisions took a number of forms, perhaps the most significant restriction was an increase in the amount in controversy requirement for diversity jurisdiction from $10,000 to $50,000.
sections] 1332(a), a federal district court has original jurisdiction over any civil action in which (1) the amount in controversy exceeds $50,000, exclusive of interest and costs, and which (2) is between citizens of different states.
13) Congress recognized that under pre-CAFA law "class action lawyers typically misuse[d] the jurisdictional threshold to keep their cases out of federal court" and noted as an example of such "misuse" the inclusion in class action complaints of stipulations purporting to limit the amount in controversy to less than the jurisdictional minimum.
16) Federal courts have also reasoned that the amount in controversy in a class action may be limited to the amount stated in an ad damnum clause, regardless of whether a sworn stipulation is also filed.
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.
the total cost of production compared to the
amount in controversyThe three jurisdictional prerequisites for diversity removal, then, are: a civil lawsuit, an appropriate
amount in controversy, and diversity of citizenship between the parties.
the district court of the Southern District of California ruled that each member of a class action law suit must meet the
amount in controversy requirement, despite the Judicial Improvement Act's creation of supplemental jurisdiction.
4) One of the jurisdictional requirements is that the class action must involve an
amount in controversy in excess of five million dollars.
