Legal Opinion

Shamell Samuel-Bassett, on Behalf of Herself and All Others Similarly Situated v. Kia Motors America, Inc.

Court of Appeals for the Third Circuit

Decided February 5, 2004No. 03-1427PublishedCited by 500 opinions

1Opinion of the Court

OPINION

WEIS, Circuit Judge.

In this diversity removal case involving a claim of a defect in an automobile, the District Court adopted the purchase price of the car as the overriding factor in assessing the jurisdictional amount in controversy. No allowance was made for the value of the car with the defect, nor was any reduction made for the plaintiffs use of the vehicle. Finding the record inadequate for determining the amount in controversy, we will remand for further proceedings.

The plaintiff purchased a model year 2000 KIA Sephia automobile on October 27, 1999. Dissatisfied with the…

2Cases cited45 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  4. Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
  5. Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995

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3Cited by500 opinions

  1. Frederico v. Home DepotCourt of Appeals for the Third Circuit · 2007
  2. Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
  3. Jeffrey J. Sikirica, Esq., as Trustee of Pittsburgh Beauty Academy, Inc. v. Nationwide Insurance Company Jeffrey J. SikiricaCourt of Appeals for the Third Circuit · 2005
  4. Wolin v. Jaguar Land Rover North America, LLCCourt of Appeals for the Ninth Circuit · 2010
  5. Samuel-Bassett v. Kia Motors America, Inc.Supreme Court of Pennsylvania · 2011

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