· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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