Amount In Controversy

Sep 23, 2019

Consumer Law: MMPA-Removal of Class Action-Amount in Controversy

Where class-action plaintiffs brought an action in Missouri state court against a massage business that advertised one-hour massage sessions but failed to disclose that the sessions included 10 minutes to undress, consult and dress, the district court erred in remanding the case to state court based on the amount in controversy because the defendant plausibly […]

Oct 16, 2017

Civil Practice : Class Action – MMPA – Amount In Controversy

Waters v. Ferrara Candy Co. (MLW No. 71102/Case No. 17-2812 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Sep 19, 2012

Civil Practice: Remand – Amount In Controversy – Punitive Damages

Hartis v. Chicago Title Insurance Company (MLW No. 64167/Case No. 11-2552 – 22 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Feb 8, 2012

Civil Practice: Class Action – Remand – Amount In Controversy

Rolwing v. Nestle Holdings, Inc. (MLW No.63269/Case No. 11-3445 – 8 pages)(U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Mar 13, 2009

8th U.S. Circuit Court of Appeals: Civil practice

Removal; amount in controversy 08-2458 James Bell, Plaintiff-Appellee, v. The Hershey Company; Mars, Inc.; Masterfoods USA; Nestle USA; Cadbury Adams USA, LLC, Defendants-Appellants Appeal From: U.S. District Court for the Southern District of Iowa Submitted: Jan. 15, 2009 Filed: Feb. 26, 2009 Before: Judges Murphy, Smith and Limbaugh(FN1) Opinion By: Judge Murphy James Bell brought […]

Mar 9, 2009

Civil Practice: Removal – Amount In Controversy – Burden Of Proof

Where plaintiff, who brought a class action against chocolate manufacturers for alleged violations of state antitrust laws, specified an amount in controversy below the jurisdictional amount, the district court erred in requiring the defendants to prove to a legal certainty that the plaintiff’s claim exceeded the jurisdictional threshold because the appellate court holds that a […]