Legal Opinion
White v. J.C. Penney Life Insurance
District Court, S.D. West Virginia
Decided August 23, 1994No. Civ. A. 1:94-0435PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
FABER, District Judge.
Pending before the court is plaintiffs Motion to Remand which requests that this case be returned to the Circuit Court of Mercer County, West Virginia, where it was originally filed. Plaintiff contends that the amount in controversy is less than the $50,000 threshold necessary to support federal jurisdiction. The court’s resolution of this issue is complicated somewhat by the fact that the ad damnum clause in the Complaint does not seek judgment in a specific dollar amount.
The defendant removed this case from state court alleging that…
2Cases cited13 opinions
- Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993
- Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCoy v. Erie InsuranceDistrict Court, S.D. West Virginia · 2001
- Landmark Corp. v. Apogee Coal Co.District Court, S.D. West Virginia · 1996
- Dash v. FIRSTPLUS HOME LOAN TRUST 1996-2District Court, M.D. North Carolina · 2003
- Sayre v. PottsDistrict Court, S.D. West Virginia · 1999
- Spann v. Style Crest Products, Inc.District Court, D. South Carolina · 2001
6 more not listed; retrieve them via the Exa API.