Legal Opinion
Watch Hill Partners, Inc. v. Barthel
District Court, D. Rhode Island
Decided September 27, 2004No. C.A. 04-172SPublishedCited by 6 opinions
1Opinion of the Court
DECISION AND ORDER
SMITH, District Judge.
Diversity jurisdiction demands both diversity of citizenship and satisfaction of the jurisdictional amount, which requires that the matter in controversy exceed $75,000. 28 U.S.C. § 1332(a)(1). At issue in this case is whether a defendant (who has removed a case from state to federal court) may rely on a counterclaim to meet that $75,000 jurisdictional threshold. While a minority of courts have held that a counterclaim may be used in calculating the amount in controversy, the majority of courts considering this question have held, as does this Court,…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- St. Paul Reinsurance Company, Ltd. v. Larry GreenbergCourt of Appeals for the Fifth Circuit · 1998
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- Grubbs v. General Electric Credit Corp.Supreme Court of the United States · 1972
- Danca v. Private Health Care Systems, Inc.Court of Appeals for the First Circuit · 1999
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3Cited by6 opinions
- McAleer v. Prudential Insurance Co. of AmericaDistrict Court, D. Massachusetts · 2013
- Cardillo v. CardilloDistrict Court, D. Rhode Island · 2005
- Quality Management, LLC v. Time & Place World, LLCDistrict Court, District of Columbia · 2007
- Bristol County Water Authority v. National Union Fire Insurance Company of Pittsburgh, PA.District Court, D. Rhode Island · 2024
- Federal National Mortgage Association, Plaintiff v. Judith Tompson, DefendantDistrict Court, D. New Hampshire · 2012
1 more not listed; retrieve them via the Exa API.