· 6/25/2008
McPhail v. Deere & Co.
Citations
- 529 F.3d 947
- 2008 U.S. App. LEXIS 13376
- 2008 WL 2514157
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that § 1332(a) requires complete diversity among the parties—i.e., “the citizenship of all defendants must be different from the citizenship of all plaintiffs”
- holding that Rule 408 does not prohibit the use of settlement offers in determining the amount in controversy for purposes of establishing diversity jurisdiction
- noting that to maintain federal court jurisdiction, “all the plaintiff needs to do is allege an amount in excess of $75,000 and he will get his way”
- stating that a proposed settlement amount is relevant evidence of the amount in controversy if it appears to reasonably estimate the claim
- stating that a proposed settlement amount is relevant evidence of the amount in controversy if it appears to reasonably estimate the claim
- concluding defendants properly could estimate “potential damages from the allegations in the complaint” to satisfy their removal burden
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Ebel, McConnell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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