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· 2/13/2009

Amoche v. Guarantee Trust Life Insurance

Citations

  • 556 F.3d 41
  • 2009 U.S. App. LEXIS 2849
  • 2009 WL 350898

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling that “the reasonable probability standard is, to our minds, for all practical purposes identical to the preponderance standard”
  • noting that “a federal court may consider which party has better access to the relevant information” when determining the amount in controversy
  • noting that determining the amount in controversy “should not devolve into a mini-trial” or “result in extensive and time consuming litigation”
  • explaining that “simple multiplication” of a subset of the class members’ damages, as calculated by the defendant, was unwarranted because the defendant’s calculation was “not reliable” and “inflated”
  • noting that “deciding whether a defendant has shown a reasonable probability that the amount of controversy exceeds $5 million may well require analysis of what both parties have shown” (emphasis in original)
  • noting that “a court’s analysis of the amount in controversy focuses on whether a removing defendant has shown a reasonable probability that more than $5 million is in controversy at the time of removal.” (emphasis in original)

Source: CourtListener parenthetical corpus (CC0).

Judges: Lynch, Selya, Siler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.