· 2/8/1996
Gilmer v. Walt Disney Co.
Citations
- 915 F. Supp. 1001
- 1996 U.S. Dist. LEXIS 1946
- 1996 WL 75836
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that allowing Rule 8(a) to bar diversity jurisdiction “would allow state rules of procedure to determine whether federal jurisdiction existed. . . . We are unwilling to allow a state procedural rule to have such force” (citations omitted)
- if the complaint pleads damages in a specific amount less than the minimum for diversity jurisdiction, the defendant must prove to a legal certainty that the amount exceeds the jurisdictional threshold to avoid remand
- “Plaintiff is generally regarded as the master of his or her complaint and can therefore bar removal if the complaint pleads damages in a specific amount less than the jurisdictional requisite for removal based on diversity of citizenship.”
Source: CourtListener parenthetical corpus (CC0).
Judges: H. Franklin Waters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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