ad damnum clause

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(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.
(22) Courts have also relied on dicta written prior to the effective date of the Federal Rules of Civil Procedure that suggest that the damages stated in an ad damnum clause limit the amount in controversy.
Moreover, it is, at best, questionable that a sworn stipulation, or especially an ad damnum clause, could limit the amount in controversy in any case.
Even assuming arguendo that a stipulation or ad damnum clause may limit the amount in controversy outside the class action context, such purported limitations would be irrelevant in the jurisdictional analysis in a class action removed under CAFA for several independent reasons.
Fourth, even if a stipulation or ad damnum clause could limit the amount that a named plaintiff could seek for a class, the federal rules governing class actions and many state analogues of those rules obligate courts to ensure that a class action settlement is fair to the unnamed class members.
Reliance on state rules of judicial estoppel and state rules regarding the effect of ad damnum clauses also has the ill effect of allowing state procedural rules to dictate whether federal jurisdiction exists.
There are additional problems with applying state rules of judicial estoppel and state rules regarding the effect of ad damnum clauses. Differences between state and federal procedural rules and rules of judicial estoppel (28) could affect the calculation of the amount in controversy.
Barnert's list, which is similar to the coalition's had such other items as the elimination of the ad damnum clause. That is the amount cited in a law suit as to the damages being sought by a plaintiff.
A larger request in the ad damnum clause yielded a greater award.
Stop & Shop of Peabody, (17) the Massachusetts Supreme Judicial Court reviewed a case in which the plaintiff's counsel made reference to the ad damnum clause in the closing argument and asked the jury to award $200,000.
Several courts have made a distinction between allowing a lump sum figure to be used and disallowing reference to the ad damnum clause of the complaint.
Likewise, the First Circuit has held that, under federal law, a plaintiff's counsel cannot disclose the ad damnum clause to the jury.