· 4/13/1966
Walter Jaconski v. Avisun Corporation and W. v. Pangborne & Co., Inc
Citations
- 359 F.2d 931
- 10 Fed. R. Serv. 2d 91
- 1966 U.S. App. LEXIS 6503
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that jurisdictional amount in controversy is to be ascertained from “the amount demanded by [the plaintiff], if that demand is found to have been made in good faith”
- stating that jurisdictional amount in controversy is to be ascertained from “the amount demanded by [the plaintiff], if that demand is found to have been made in good faith”
- stating that jurisdictional amount in controversy is to be ascertained from “the amount demanded by [the plaintiff], if that demand is found to have been made in good faith”
- \Except in the plainest cases the issue of jurisdictional amount should not be decided if the ruling constitutes at the same time a decision on the merits.\ Id. at 935
- “Except in the plainest cases the issue of jurisdictional amount should not be decided if the ruling constitutes at the same time a decision on the merits.” Id. at 935
- “The test then is not what amount the plaintiff claims . . . but rather, whether it appears to a ‘legal certainty’ that he cannot recover an amount above the jurisdictional minimum.” (quoting Red Cab, 303 U.S. at 288–89)
Source: CourtListener parenthetical corpus (CC0).
Judges: Biggs, Ganey, Freedman
Read full opinion on CourtListenerSourced 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.