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... asserting damages in excess of the jurisdictional amount of $75,000. Specifically, the employer alle...
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Monetary jurisdiction – exceeds jurisdictional amount – lack of jurisdiction – R.C. 1901.17.
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Satellite television customers could proceed as a class in a lawsuit challenging early cancellation fees - even though no individual plaintiff could meet the jurisdictional amount-in- controversy requirement, the 11th Circuit has ruled.
The decision follows a rehearing of the case and vacates an earlier, contrary ruling (See "Jurisdiction doesn't exist for consumer class action," Lawyers USA, July 21, 2010.).
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As the saying goes, "free advice is worth what you pay for it." That rings particularly true with respect to a plaintiff's counsel's pre-lawsuit letter demanding the return of an alleged preferential transfer, in the context of a federal bankruptcy proceeding or state law assignment for the benefit of creditors (ABC). In a typical demand letter, the plaintiff recites the elements of a preference as set forth in either Section 547(b) of Title 11 U.S.C. (the Bankruptcy Code), or the ABC statute. This article presents a checklist of defenses that rely on legal provisions that are either wholly or partially outside the scope of Sections 547(b) and (c). The checklist include: 1. statute of limitations, 2. jurisdictional defect due to insufficient dollar amount, 3. defendant secured at time o...
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After the Arnold Crossroads development had recruited a suitable tenant for the old K-Mart facility, the tenant - Gander Mountain - backed out. The developer of Arnold Crossroads LLC filed a lawsuit against Gander Mountain Co. last year for breach of contract involving one month's rent.
Gander Mountain had requested the case be moved to federal court, but it was less than the jurisdictional amount required, said Dudley Von Holt of Thompson Coburn LLP. It was remanded from federal court on Jan. 13.
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Trial court abused its discretion in granting default judgment of $15,000 (the jurisdictional limit of the municipal court) to plaintiffs where the complaint requested damages in an amount to be determined at trial and nothing in the record detailed the amount of damages incurred. Judgment reversed and case remanded for a hearing on monetary damages.
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... who had not met §1332(a)'s minimum amount-in-controversy requirement. The Eleventh Circuit u..., and there are no other relevant jurisdictional defects, the district court, beyond all question, ...
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... law class actions meeting certain jurisdictional " requirements. (4) One of the jurisdictional requ...
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Condominium association awarded judgment on unpaid condo and insurance fees; All relevant evidence is admissible; Amount in controversy did not exceed municipal court’s $15,000 jurisdictional limit; Defendant’s motion to amend was untimely; No plain error; Parties who are dismissed before being served with interrogatories have no duty to respond; Weight of the evidence
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... did not meet the requisite $75,000 jurisdictional amount required by 28U.S.C. § 1332. We affirm the...