Cases

Lewis v. Delta Health Group, Inc., 2006 U.S. Dist. LEXIS 50111 (D. Miss. 2006)

After Defendant removed the case to federal court, Plaintiff alleged it should be remanded because the amount in controversy did not exceed $75,000. The Court held that remand is not appropriate unless the Plaintiff can show that, at the time of removal, the amount in controversy did not exceed $75,000. Post-removal documentation regarding the amount in controversy is only accepted to clarify the jurisdiction amount if it was ambiguous. Because a final judgment disposing of certain claims had been previously filed in State court for $1,000,000, Plaintiff’s motion to remand was denied.

Published by
David McGuffey
Tags: Jurisdiction

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