Required to state dollar figure for her damages

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Reference no: EM133812520

Question

In many states, a plaintiff is not required to state a dollar figure for her damages. In most states, even when she does state a dollar figure, she may recover more than that if the case is adjudicated. A defendant might be nervous, then, about plain- tiff's failure to state a dollar figure (or setting one at $75,000 or less) to try to block removal. Section 1446(c)(2) addresses this issue. Assume the complete diversity rule would be satisfied and address these: (a) When is the plaintiff's statement of a dollar amount for damages deemed to be the amount in controversy? (b) When may the defendant state the amount in controversy in her notice of removal? (c) When the defendant asserts the amount in controversy, the federal court will determine the actual figure. What standard does the court use in doing so? (d) Suppose the plaintiff aleged the claim was worth only $60,000, and the defendant did not remove. During discovery in state court, it then becomes clear that the claim is worth substantially more than $75,000. May the defendant remove?

Reference no: EM133812520

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