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· 7/8/2008

LM Ins. Corp. v. Spaulding Enterprises Inc.

Citations

  • 533 F.3d 542
  • 2008 U.S. App. LEXIS 14483
  • 2008 WL 2652868

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that punitive damages can be used to satisfy the amount in controversy requirement
  • explaining that “so long as the amount in controversy requirement is satisfied with respect to . . . the proper aggregation of counts . . . for each defendant” the analysis may stop
  • confirming that the amount in controversy includes punitive damages when they are recoverable
  • finding jurisdictional amount not met for fraud claims where damages claimed by plaintiff were not recoverable under a fraud theory
  • section 1367(b) would bar supplemental jurisdiction over claims against 24 additional defendant in diversity case where amount-in-controversy was not met
  • “We also note that supplemental jurisdiction could not be exercised over LM's claims against Rosetti, because doing so would require that she be joined as a defendant pursuant to FED.R.CIV.P. 20, something explicitly forbidden by 28 U.S.C. § 1367(b

Source: CourtListener parenthetical corpus (CC0).

Judges: Flaum, Manion, Tinder

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.