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· 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 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.