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· 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 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.