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· 10/6/1993

Marcel v. Pool Co.

Citations

  • 5 F.3d 81
  • 1993 U.S. App. LEXIS 25568
  • 1993 WL 391422

How courts have described this case

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

  • relying on plaintiff’s post-removal answers to interrogatories which clarified the amount of special damages being alleged in the complaint
  • describing the definition used by the Board in its case and deferring to it
  • demonstrating failure to bind plaintiff, where plaintiff, nine months after defendant filed its notice of removal, filed a motion to remand, in which he stipulated merely that his claim is not worth the $50,000 minimal jurisdictional limit of the court
  • injuries totaling $27,472.60 met the jurisdictional amount because of the plaintiff’s request for punitive damages
  • “In cases in which, on the other hand, the plaintiff, by whatever means, seeks to reduce, rather than clarify, his demand after removal, the plain language of St. Paul Mercury and the rationale of ANPAC unequivocally bar remand for want of jurisdictional amount.”
  • describing ANPAC as “narrowly drawn\ and \unusual”

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Barksdale, Demoss

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.