Diversity jurisdiction

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Diversity jurisdiction

Postby Administrator » Tue Sep 30, 2014 10:00 pm

Diversity jurisdiction exists when: (1) there is diversity of citizenship between the parties, and (2) the amount in controversy exceeds $75,000.00. 28 U.S.C. § 1332; In re 1994 Exxon Chemical Fire, 558 F.3d 378, 387 (5th Cir.2009). Celestine*319 and TransWood do not dispute diversity of citizenship, so we turn to the jurisdictional amount in controversy. The amount in controversy for jurisdictional purposes is determined by the amount of damages or the value of the property that is the subject of the action. Hunt v. Wash. State Apple Adver. Comm'n, 432 U.S. 333, 347, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977). Where, as here, the plaintiff's complaint makes only a conclusory statement concerning jurisdiction and the amount in controversy is indeterminate, we ask “whether it is ‘facially apparent’ that the claims exceed the jurisdictional amount.” St. Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir.1998).

Celestine v. TransWood, Inc.
467 Fed.Appx. 317
C.A.5 (La.),2012.
April 25, 2012
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

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