Skip to main content
· 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 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.