· 5/31/1979
Vicente Acevedo Velez v. Crown Life Insurance Co.
Citations
- 599 F.2d 471
- 1979 U.S. App. LEXIS 14321
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that attorneys’ fees can be counted as part of the matter in controversy “where a statute mandates or allows the payment of such fees”
- complaint asserted the statutory grounds for receipt of attorney's fees and the amended complaint sought an actual amount of $2,000
- complaint asserted the statutory grounds for receipt of attorney’s fees and the amended complaint sought an actual amount of $2,000
- “It is axiomatic that attorney’s fees are not to be included in calculating jurisdictional amount unless authorized by statute”
- attorney’s fees may be included in calculating amount in controversy if “the fees are provided for by contract”
- “The interest claimed cannot be included as part of the jurisdictional amount because it is incurred only because of the delay in payment and is incidental to the main amount claimed.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Bownes, Jameson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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