Legal Opinion
DiTolla v. Doral Dental IPA of New York, LLC
Court of Appeals for the Second Circuit
Decided November 17, 2006No. Docket No. 06-2324-cvPublishedCited by 6 opinions
1Opinion of the Court
HALL, Circuit Judge.
The appeal in this class action asks us to determine the amount in controversy in an action for an accounting where there is no accompanying demand for damages or restitution. Appellants, collectively a third-party administrator of a New York Dental Panel Reimbursement Pool (“the Pool”) funded by Medicaid and Medicare, argue that, because DiTolla seeks an accounting of all amounts by which the Pool has been funded and reduced (an estimated $40 million), he has put the entire $40 million “in controversy.”1 As such, they contend, the amount in controversy is well over the $5…
2Cases cited22 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- 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
- James Brill, Plaintiff-Respondent v. Countrywide Home Loans, Inc., Defendant-PetitionerCourt of Appeals for the Seventh Circuit · 2005
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3Cited by6 opinions
- Picard Ex Rel. Liquidation of Bernard L. Madoff Investment Securities LLC v. Madoff (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
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- Sorrentino v. ASN Roosevelt Center, LLCDistrict Court, E.D. New York · 2008
- Ventimiglia v. Tishman Speyer Archstone-Smith Westbury, L.P.District Court, E.D. New York · 2008
- Ventimiglia v. TISHMAN SPEYER ARCHSTONE-SMITHDistrict Court, E.D. New York · 2008
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