Thomas Francis v. Allstate Insurance Company

How courts have described this case

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

• holding that “[i]f a complaint does not allege a specific amount of damages, the removing defendant must prove by a preponderance of the evidence that the amount in controversy exceeds $75,000.”
• stating that attorneys’ fees are part of the matter in controversy “if a statute mandates or allows payment of attorney’s fees”
• holding “[a] federal court sitting in diversity is required to apply the substantive law of the forum state, including its choice-of-law rules”
• stating that attorney’s fees may be included in amount in controversy calculation if permitted by statute
• noting that “[t]he removability of a case depends upon the state of the pleadings and the record at the time of the application for removal.”
• noting only two exceptions to this rule: where attorney’s fees are provided for by contract or statute

Source: CourtListener parenthetical corpus (CC0).