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· 5/29/2009

McMillian v. Sheraton Chicago Hotel & Towers

Citations

  • 567 F.3d 839
  • 2009 U.S. App. LEXIS 11652
  • 2009 WL 1491459

How courts have described this case

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

  • noting that consensual nature of a judgment does not affect appellate jurisdiction but may affect the consenting party's right to review
  • noting that consensual nature of a judgment does not affect appellate jurisdiction but may affect the con- senting party’s right to review
  • noting that, where the defendant does not contest the jurisdictional threshold, the court accepts a plaintiff’s good faith allegation regarding the amount in controversy unless it appears to a legal certainty that the amount is less than the jurisdictional amount
  • finding claims for “future medical expenses” and “pain and suffering” could not account for jurisdictional shortfall without competent proof
  • looking to “cases in which the plaintiffs had suffered similar injuries” and the jury awarded damages “in amounts that would satisfy the jurisdictional requirements”
  • dismissing case for lack of subject matter jurisdiction where “plaintiffs restfed] their entire argument concerning amount in controversy on the allegations contained in their complaint” and did not submit “competent proof’

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Ripple, 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.