Legal Opinion
Dupont Galleries, Inc. v. International Magne-Tape, Ltd.
District Court, S.D. New York
Decided May 21, 1969No. 68 Civ. 3540PublishedCited by 4 opinions
1Opinion of the Court
OPINION
HERLANDS, District Judge:
The question presented by this motion is whether the plaintiff has stated a cause of action against the defendants which satisfies the jurisdictional requirements of 28 U.S.C. § 1332 (1964). It is conceded that diversity of citizenship exists. The issue is whether the $10,000 jurisdictional amount is met. Plaintiff in his complaint alleges $4,000 actual damages and, in addition, claims punitive damages in the amount of $12,000.
It is well settled that punitive damages may be added to actual damages to attain the jurisdictional minimum. See, e. g., Bell v.…
2Cases cited16 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Walker v. SheldonNew York Court of Appeals · 1961
- Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Reno v. . BullNew York Court of Appeals · 1919
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3Cited by4 opinions
- Novosel v. Northway Motor Car Corp.District Court, N.D. New York · 1978
- Rosenberg v. GWV Travel, Inc.District Court, S.D. New York · 1979
- Fritz v. Warner-Lambert Pharmaceutical CompanyDistrict Court, E.D. New York · 1972
- Hamilton v. Hartford Accident & Indemnity Co.District Court, E.D. Pennsylvania · 1977