· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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