'Valdez and Napoles hypothesize in their respective demurrers that the jurisdictional amount
of P50,000,000.00 for the crime of plunder to prosper was not established by the prosecution,' the resolution penned by Associate Justice Maria Theresa Mendoza-Arcega said.
Subjects covered include diversity of citizenship, jurisdictional amount
, supplemental jurisdiction, removal law, and venue.
One dropped the increase in jurisdictional amount
to $25,000 and another required periodic review by the Office of the State Courts Administrator on whether that limit should be raised.
219, 301 (1973) ("Each plaintiff in a Rule 23(b)(3) class action must satisfy the jurisdictional amount
, and any plaintiff who does not must be dismissed from the case--one plaintiff may not ride on another's coattails.").
(52) The standard for determining whether the jurisdictional amount
in controversy requirement is met has been long established: unless recovery of an amount exceeding the jurisdictional minimum is legally impossible, the case belongs in federal court.
Unfortunately, this may be the only opportunity for this court to correct the law in our circuit." He went on to argue that "a defendant seeking removal under CAFA need only allege the jurisdictional amount
in its notice of removal and must prove that amount only if the plaintiff challenges the allegation."
"For example, we routinely see attempts to get around CAFAs provision for federal jurisdiction for 100-plaintiff mass-action , by doing things like splitting cases up into batches of 70, 80, or 90 plaintiffs, even though they are identical cases, or attempts to stipulate to less than the $5 million jurisdictional amount
to try to prevent CAFA removal, which the Supreme Court rejected in Standard Fire v.
, the plaintiff must be able to show that, as a
For example, class action lawyers often claimed that no class member sought the jurisdictional amount
required for federal jurisdiction.
(14) Still yet, some circuits will uphold jurisdiction because the original claim was for more than the minimum jurisdictional amount
(39) The context was almost always a dispute about jurisdictional amount
* 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.