· 4/17/1998
Golden v. Dodge-Markham Co., Inc.
Citations
- 1 F. Supp. 2d 1360
- 1998 U.S. Dist. LEXIS 5554
- 1998 WL 188124
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that the preponderance of the evidence standard applied where a plaintiff’s ad damnum clause only made general demands for certain types of relief and did not specify a dollar amount
- concluding plaintiff’s pre-suit settlement demand letter was not an “honest assessment of damages”
- “Defendant has not persuaded this Court that Plaintiffs settlement demand was an honest assessment of damages.”
- “[F]or the purpose of establishing the amount in controversy, the sum claimed by the plaintiff controls if the claim is apparently made in good faith.”
- “Generally, defendants can use demand letters, as ‘other paper’ under 28 U.S.C. § 1446(b), to determine whether a case is removable.”
- “Plaintiffs ad damnum clause does not specify any dollar amount, it merely makes a general demand for certain types of relief.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kovachevich
Read full opinion on CourtListenerSourced 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.