paragraph] "After CAFA was enacted, class action plaintiffs could still stay out of federal court by filing a stipulation stating that the class wouldn't accept aggregate damages of more than the
jurisdictional amount of $5 million," says Ogletree Deakins Shareholder Patrick Curran.
For example, class action lawyers often claimed that no class member sought the
jurisdictional amount required for federal jurisdiction.
Measuring the
Jurisdictional Amount in Federal Courts, 68 FORDHAM L.
Improve treatment of mass actions involving over 100 claimants by changing the
jurisdictional amount, with federal jurisdiction existing only over those persons whose claims satisfy the normal diversity
jurisdictional amount requirement for individual actions under current law ($75,000) and expand the "single sudden accident" exception so federal jurisdiction shall not exist over mass actions in which all claims arise from any "event or occurrence" that happened in the state where the action was filed and that allegedly resulted in injuries in that state or in a contiguous state.
When the
jurisdictional amount is challenged, a defendant may engage in limited discovery for the purpose of ascertaining the amount in controversy.
It was not clear here whether the trial court had dismissed because it thought it had no jurisdiction to grant the equitable relief requested, or because the required
jurisdictional amount had not been alleged in the bill.
Eliminating family administration and increasing the
jurisdictional amount for summary administration from $25,000 to $75,000.
For example, California verdict amounts reflect successive increases in the
jurisdictional amount for small claims cases involving injuries from asbestos.
Piedmont intends to appeal the award on jurisdictional grounds and will claim, in the alternative, that, by manipulating the
jurisdictional amount, Amax Gold and its subsidiary have waived any claim for future environmental expenses.
TEI has long supported increasing the section 6405
jurisdictional amount to $1 million.
00, which is the minimum
jurisdictional amount to be in the District Court in the State of Nevada.
Red Cab Company, (8) the Supreme Court announced the "legal certainty" test, holding that "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the
jurisdictional amount to justify dismissal.
