Legal Opinion

Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.

Court of Appeals for the Fifth Circuit

Decided August 29, 1995No. 94-60444PublishedCited by 702 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

The 512 plaintiffs of a joint, state-law tort action (the “Allen plaintiffs” or “plaintiffs”) appeal the removal of their claims to federal court. They contend that the district court erred in finding federal subject-matter jurisdiction under 28 U.S.C. § 1332 (diversity of citizenship), because it improperly “aggregated” their claim for punitive damages as a “whole” in reaching the $50,000.01 amount-in-controversy mark for each plaintiff. They also claim the district court misapplied the standard for assessing the amount in controversy when plaintiffs challenge…

2Cases cited41 opinions

Frank D. Gaus v. Miles, Inc., an Indiana CorporationCourt of Appeals for the Ninth Circuit · 1992
Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
City of Newport v. Fact Concerts, Inc.Supreme Court of the United States · 1981
Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991

36 more not listed; retrieve them via the Exa API.

3Cited by702 opinions

Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
Matheson v. Progressive Specialty Insurance CompanyCourt of Appeals for the Ninth Circuit · 2003
Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
David Singer v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Ninth Circuit · 1997

697 more not listed; retrieve them via the Exa API.