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	[No title]
		Brown counters by arguing that Spectacor's allegation of damages in the amount of $50,708.25 fails to satisfy the jurisdictional amount as the claim was not made in good faith and that his counterclaim cannot be considered in calculating the amount in controversy.
		Schrader, we stated that a counterclaim that exceeded the necessary amount in controversy was sufficient to bring the entire case within the jurisdiction of the district court, regardless of the lack of jurisdictional averments in the.
		Although the amount of the insurance company's claim clearly did not meet the amount in controversy minimum that was then an amount in excess of $10,000, the Supreme Court held that the jurisdictional requirement was met because of the $14,035 counterclaim.
	vls.law.vill.edu /locator/3d/Nov1997/97a1748p.txt (4923 words)

	Amount in controversy - Wikipedia, the free encyclopedia
		Amount in controversy (sometimes called jurisdictional amount) is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case.
		Congress first established the amount in controversy requirement when it created diversity jurisdiction in the Judiciary Act of 1789, pursuant to its powers under Article III of the U.S. Constitution.
		Each state has the power to set its own amount in controversy requirements for its own courts, but every state must offer some outlet for citizens to sue for violations of their rights, even if they are seeking no money.
	en.wikipedia.org /wiki/Amount_in_controversy (479 words)

	Spencer Fane Britt & Browne LLP - Diversity Jurisdiction (Site not responding. Last check: 2007-10-08)
		In general, diversity jurisdiction requires that the amount in controversy must exceed $75,000 and that the defendants must be non-residents of the state in which plaintiff originally filed suit.
		If the amount in controversy does not meet the jurisdictional minimum, then the case may not be removed from state to federal court.
		Plaintiff is not necessarily required to raise the issue of sufficiency of the amount in controversy in a motion to remand in the district court.
	www.spencerfane.com /content/content/104.asp (2087 words)

	Mattox Opinion No. JM-409
		In contrast, the jurisdictional amount in controversy for statutory county courts depends upon the language of the statutes which create the particular courts.
		The only language in sections 16 and 19 of article V of the Texas Constitution which address the manner in which the amount in controversy is to be determined states that it shall be determined "exclusive of interest"; the provision does not expressly require that attorney fees be included in the amount in controversy.
		The amount in controversy is usually the controlling factor in determining jurisdiction among the various courts.
	www.oag.state.tx.us /opinions/op47mattox/jm-0409.htm (1800 words)

	Steward v. Wurtz (Newbern, J.) 96-1160
		They claimed that the amount in controversy was $6,650 and that, in accordance with the statute, an award of attorney's fees based on the lack of a justiciable issue would belimited to 10% of that amount.
		Steward argued that she was entitled to the fee and expense amount previously awarded because the amount in controversy should be determined from the amount of the damages prayed for in the complaint.
		Steward contends the amount in controversy is determined by reference to the complaint which, in this instance, sought a total of $61,000 in damages.
	courts.state.ar.us /opinions/1997a/970217/96-1160.html (1635 words)

	Coverage and Appeals - Amount In Controversy
		Medicare requires that a certain “amount in controversy” remain outstanding in order for a beneficiary to appeal a denial of a claim to the administrative law judge (ALJ) level of review.
		BIPA reduced the amount needed to request an appeal involving hospital services from $200 to $100, and reduced the amount needed to request an appeal of claims under Part B from $500 to $100.
		The amounts are to be increased each year by the percentage increase in the medical care component of the consumer price index, city average (available at http://www.bls.gov/cpi/home.htm), rounded to the nearest multiple of $10.
	www.medicareadvocacy.org /CoverageAndAppeals_AmntInControversy.htm (347 words)

	EVANS v. KERRY LOVIS LALLANDE, 1:96cv316-B-D (Site not responding. Last check: 2007-10-08)
		in cases where an exact amount has been pled, if a defendant can prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional amount, removal is proper unless the plaintiff shows that at the time of removal he was legally certain not to be able to recover that amount.
		The uncontroverted affidavits merely confirm that the amount of damages specified in the state court complaint is the maximum that the plaintiff seeks to recover, i.e., the plaintiff at no time intended to amend the complaint.
		The specified amount of damages in the complaint is not conclusive as to the actual amount in controversy for jurisdictional purposes,See footnote 7 and the language in the complaint, as discussed supra, suggests the possibility of a claim for punitive damages and other unspecified damages.
	home.olemiss.edu /~llibcoll/ndms/mar97/97D0023P.html (1871 words)

	The Aggravation of Aggregation: Aggregating Punitive Damages Claims to Meet the Amount-in-Controversy Requirement for ...
		Although Snyder's own claim totaled less than the then $10,000 jurisdictional amount, she defended the motion to dismiss for lack of jurisdiction on the ground that if all 4,000 potential claims were aggregated, the amount in controversy would well exceed $10,000.
		a suit for the removal of a cloud from title to property, the amount in controversy was held to be the value of the property where the three plaintiffs jointly owned "an undivided interest" in the property.
		After the defendant removed the case to federal court, plaintiffs sought a remand on the ground that the amount in controversy was under the jurisdictional amount.
	www.mobar.org /journal/1999/mayjun/shapiro.htm (2527 words)

	OSCN Found Document:MATHENY v. BANK OF NASHVILLE
		Remittitur made in the county court so as to reduce the amount involved within the jurisdiction of a justice of the peace cannot invest the county court with jurisdiction upon an appeal from a Justice's court, where the amount involved in said action exceeded the jurisdiction of the justice's court.
		While a diversity of judicial opinion exists as to what constitutes the amount in controversy, it is settled in this state that the sum thus involved is to be determined by the ad damnum clause of the complaint, and not by the amount of the judgment.
		Having already determined that the amount in controversy was beyond jurisdiction of the justice's court, and that the justice's court did not acquire jurisdiction of said action, it likewise follows that the county court did not acquire jurisdiction of said action upon appeal.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=24708 (1143 words)

	In the case of M. F. (June 17, 2004)
		The ALJ dismissed the case because the amount in controversy did not exceed $100.
		The ALJ calculated that the amount in controversy for the one denied visit was $92.48, which was "the amount for each of the three visits reimbursed by Medicare" in the period at issue.
		According to section 1869 of the Social Security Act, the required amount in controversy for appeals to an Administrative Law Judge in a Medicare Part A case is $100.
	www.hhs.gov /dab/macdecision/mf.htm (415 words)

	No. 01-896: Ford Motor Co. v. McCauley - Amicus (Merits)
		In examining the question of diversity jurisdiction under Section 1332, the court of appeals observed that "the sole jurisdictional question is whether the minimum amount in controversy required to maintain a diversity suit in federal court is present." The court noted that the diverse citizenship of the parties was not contested.
		In class actions seeking injunctive relief, the amount in controversy is appropriately measured by the benefit or cost of an injunction running from one plaintiff to one defendant.
		Yet, if the amount in controversy were measured only from the plaintiff's perspective, a defendant could not remove the case to federal court, even though the defendant stood to lose more than the jurisdictional amount from an adverse state court judgment.
	www.usdoj.gov /osg/briefs/2001/3mer/1ami/2001-0896.mer.ami.html (6239 words)

	law.com - Decision
		And, as none contest that the amount here in controversy crosses § 1332's threshold of $75,000 when all allowable attorney's fees are attributed exclusively to the class representatives, we affirm the refusal to remand this case to the state court of origin, and return it to the district court for further proceedings.
		None dispute that in Abbott we answered this question in the affirmative, holding that, in calculating the amount in controversy, all awardable attorney's fees must be attributed to the class representatives to the exclusion of the other members of the class.
		Therefore, even though the general rule is that interest and court costs are not includable in calculating the amount in controversy, fn34 attorney's fees are includable when the state statute allowing cost shifting expressly defines the allowable expenses of litigation to include attorney's fees, fn35 especially when the plaintiffs expressly pray for recovery of costs.
	www.law.com /jsp/decisionstate.jsp?id=1032128739906 (4547 words)

	[No title]
		They claimed that the amount in controversy was $6,650 and that, in accordance with the statute, an award of attorney's fees based on the lack of a justiciable issue would be limited to 10% of that amount.
		Preferred Life Society, 320 U.S. In a case such as this one, the situation is opposite; the plaintiff attempts to convince the court that the amount in controversy is less than enough to justify the attorney's fee claim of the prevailing defendant.
		In these circumstances, the court should be able to take the complaint at face value for determining the amount in controversy and thus the limit to be placed on the attorney's fee if it is found, in the words of subsection (b) of the statute that, the action...
	courts.state.ar.us /opinions/1997a/970217/96-1160.txt (1638 words)

	[No title]
		Once a good faith pleading of the amount in controversy vests the district court with diversity jurisdiction, the court retains jurisdiction even if the plaintiff cannot ultimately prove all of the counts of the complaint or does not actually recover damages in excess of $50,000.
		However, in considering Suber's claimed amount in controversy, we are given pause by his contention that he is entitled to count the total finance charges stated in the financing agreement toward the amount in controversy.
		We have held that the amount in controversy should not be "measured by the low end of an open-ended claim, but rather by a reasonable reading of the value of the rights being litigated." Angus v.
	vls.law.vill.edu /locator/3d/Jan1997/97a1494p.txt (4168 words)

	SSR 75-8c (Rescinded)
		Held, because the amount in controversy filed is less than $1,000, the court lacks jurisdiction and, therefore, the question of timeliness need not be reached.
		By a complaint filed on December 13, 1973, the plaintiff seeks a determination that her hospitalization from November 8, 1971, through November 18, 1971, was within the coverage provided by the defendants, and not excluded by the contract provisions.
		Because the plaintiff's complaint indicates the amount in controversy to be $690.55, this Court, in view of the foregoing analysis, is without jurisdiction under 42 U.S.C. §1395ff to entertain a review.
	www.ssa.gov /OP_Home/rulings/hi/01/SSR75-08-hi-01.html (1290 words)

	Credit Associates of Maui, Ltd. v. Brooks
		Further, "controversy" is generally defined as: "[a] litigated question; adversary proceeding in a court of law; a civil action or suit, either at law or in equity; a justiciable dispute." Black's Law Dictionary, 330 (6th ed.
		As applied to this case, the amount in "controversy" is the amount in dispute that is being claimed by Plaintiff, which is $11,092.59.
		Accordingly, we hold, under the facts of this case, that "the amount in controversy" for purposes of HRS § 604-5(b) is the aggregate amount being sought in a complaint by a single plaintiff against a single defendant, as opposed to the amount alleged as damages in each individual "count" of a complaint.
	www.hawaii.gov /jud/20895.htm (2984 words)

	OSCN Found Document:MCKAY v. HILL
		A justice of the peace court in action in replevin is limited to $200 as the amount in controversy.
		In order to determine the amount in controversy the value of the property in dispute should be added to the amount of damages, and a judgment which exceeds $200 when these two items are considered is void as not within the jurisdiction of the court.
		Bank of Nashville, supra, that the jurisdictional judgment of the justice of the peace is limited in amount to the value of the property plus the damages sought to be recovered.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=23635 (1473 words)

	USCA1 Opinion 00-1775
		Paul's legal certainty standard does not mean that jurisdiction is ousted because of the eventual "inability of plaintiff to recover an amount adequate to give the court jurisdiction," or because "the complaint discloses the existence of a valid defense to the claim." Coventry Sewage, 71 F.3d at 5.
		Moreover, the reduction of the amount in controversy resulted from acts occurring wholly after the action commenced.
		Here there was considerable question at the outset as to whether Spielman's damages amount met the jurisdictional minimum--a question that the trial judge raised but deferred resolution of when he issued the stay.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=00-1775.01A (4139 words)

	98-8094 -- Adams v. Reliance Standard Life Insurance Co. -- 09/19/2000
		Defendant's brief did not discuss the amount in controversy, and plaintiff's only mention of it was a cryptic assertion that the prayer for relief in the complaint was sufficient because it constituted an unchallenged general allegation that the amount in controversy was over the minimum.
		In the course of a hearing on that issue (at which all present agreed the amount in controversy exceeded $50,000), the district court and counsel reviewed some of the factual allegations in the complaint.
		When the value of these disputed future benefits is taken into account, it is clear that the amount in controversy in fact exceeded $50,000 at the time the action was brought.
	www.kscourts.org /ca10/cases/2000/09/98-8094.htm (2681 words)

	amount - Webled.com
		[ the amount in controversy for either a Part A or a Part B claim is $1, ]...
		There is no amount in controversy for a DAB review ]...
		[ 1 a : to be equivalent amount to treason> b : to reach in ]...
	www.webled.com /amount.htm (284 words)

	A1_03_80_17.htm
		The basis for remand is lack of jurisdiction under 28 U.S.C. § 1332, in that the amount in controversy is not in excess of $75,000.00.
		Where the complaint states a specific amount lower than the required amount, a defendant seeking removal must show that it appears to a legal certainty that the amount in controversy exceeds $75,000.00.
		2000) (“When a federal complaint alleges a sufficient amount in controversy to establish diversity jurisdiction, but the opposing party or the court questions whether the amount alleged is legitimate, the party invoking federal jurisdiction must prove the requisite amount by a preponderance of the evidence.
	www.ndd.uscourts.gov /dndopinions/html/A1_03_80_17.htm (1197 words)

	Sample Answer to Practice Essay Question Three (Site not responding. Last check: 2007-10-08)
		The amount in controversy requirement was that the claim be greater than $50,000 before January 17.
		Yes, it would, if we assume the amount in controversy is not met, but this does not affect the conclusion that there is no divestiture, because none of the categories in (b) was met.
		In the case of past amendments to amount in controversy requirements, Congress has usually provided that the amendment applies to actions commenced on or after the effective date.
	classes.lls.edu /fall2001/civpro-solum/Exam/mtpracessay3answer.htm (4000 words)

	97-6271 -- State Farm Mutual Automobile Insurance Co. V. Narvaez -- 07/31/1998
		Where insurance coverage is denied, the maximum "amount in controversy is the maximum limit of the insurer's liability under the policy." Farmers Ins.
		Section 1332 provides that the amount in controversy must be met without considering "interest and costs." 28 U.S.C. The purpose of excluding interest is "to prevent the delaying of a suit merely to accumulate the necessary amount for federal jurisdiction." Branin v.
		Accordingly, because the amount actually in controversy is exactly $50,000, the limit of Narvaez's policies, the district court lacked subject matter jurisdiction.
	www.kscourts.org /ca10/cases/1998/07/97-6271.htm (1397 words)

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