ad damnum clause

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18) Other states have similar procedural rules that prevent recovery in excess of the amount stated in an ad damnum clause while still allowing ad damnum dames to be amended.
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.
Federal Rule of Civil Procedure 54(c) provides that a "final judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings," and courts applying this rule hold that a plaintiff in a diversity action may recover in federal court damages greater than the amount stated in the complaint regardless of the effect given an ad damnum clause in state court.
27) State rules that limit recovery to the amount stated in an ad damnum clause are inconsistent with Federal Rule of Civil Procedure 54(c).
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.
Since rules on judicial estoppel, stipulations, and the effect of ad damnum clauses may vary from state to state, reliance on state rules would necessarily lead to the inconsistent application of the federal removal statute--an outcome federal courts have sought to avoid.
Barnert's list, which is similar to the coalition's had such other items as the elimination of the ad damnum clause.
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.