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· 8/27/2008

Felipe v. Target Corp.

Citations

  • 572 F. Supp. 2d 455
  • 2008 U.S. Dist. LEXIS 65603
  • 2008 WL 3915323

How courts have described this case

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

  • holding that allegation that amount in controversy exceeds the jurisdictional limits of the New York lower state courts is “inconclusive as to the amount in controversy”
  • finding that the plaintiff “effectively conceded the amount in controversy issue,” when defendant’s “counsel attempted to seek an agreement with plaintiff's counsel to limit plaintiff's damages to $75,000,” and there was no response
  • denying remand motion and finding there “appears to a ‘reasonable probability’ that the claim is in excess of the statutory jurisdictional amount” where the plaintiff “effectively conceded the amount in controversy issue” in a hearing with the court (internal citation omitted)
  • plaintiff refused to agree to damages cap, but plaintiff’s counsel “effectively conceded the amount in controversy issue” at a hearing
  • by refusing to stipulate to damages of less than $75,000 and by representing to the court during a conference that damages would exceed $75,000, the plaintiff effectively conceded that the amount in controversy satisfied Section 1332(a)(1)

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard J. Holwell

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.