· 5/2/2005
Karen Kovacs v. Stanley Chesley
Citations
- 406 F.3d 393
- 2005 U.S. App. LEXIS 7521
- 2005 WL 1000531
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court cannot consider defenses such as “qualified immunity, res judicata, or the application of a statute of limitations”
- finding jurisdiction in the absence of a legal certainty that the plaintiff’s claim did not meet the jurisdictional amount
- noting that events occurring after filing do not oust jurisdiction
- differentiating between claims that involve liquidated damages and those that do not
- “The test for whether the jurisdictional amount has been met considers whether the plaintiff can succeed on the merits only in a superficial way.”
- “In short, to deny diversity jurisdiction it is generally not enough to show that the defendant will prevail on the merits. Such arguments are more appropriately made in support of a motion for summary judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Merritt, Rogers, Duplantier
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.