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Old 09-11-2019, 12:23 PM   #805
Baby Lee Baby Lee is offline
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Join Date: Aug 2000
Quote:
Originally Posted by arrwheader View Post
I agree with you EXCEPT shes only seeking 75k..........
People make this mistake every time a civil claim is filed in federal court.

Federal diversity jurisdiction [layman - right to file with the federal court] requires by statute that the amount in controversy exceed $75K.

It's a boilerplate PLEADING requirement, that weeds out small and insignificant claims [layman - you can't take your neighbor to federal court for breaking your garden gnome].

So the $75K is just a threshold. The 'actual' damages will be developed in discovery and both the actual damages and the merit of punitive damages will be argued in a trial. It's not a specific dollar amount the plaintiff is bound by [except to prove that the value of the matter exceeds it].

She can still seek millions, billions, . . . bajillions, eventually.
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