Legal Opinion
Carmen Hilda Duchesne v. American Airlines, Inc.
Court of Appeals for the First Circuit
Decided March 29, 1985No. 84-1831PublishedCited by 24 opinions
1Opinion of the Court
COFFIN, Circuit Judge.
Appellant challenges the dismissal of her tort claim. She contends that the district court erred by concluding that she had not established that the actual amount in controversy could exceed $10,000, as is required under 28 U.S.C. § 1332(a). Having carefully reviewed the record, we find ourselves in agreement with appellant.
It is the claimant’s burden to show that the actual amount in controversy exceeds the jurisdictional minimum. Gibbs v. Buck, 307 U.S. 66, 72, 59 S.Ct. 725, 729, 83 L.Ed. 1111 (1939). However, a claim should be dismissed only if it appears “to a legal…
2Cases cited5 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Gibbs v. BuckSupreme Court of the United States · 1939
- Dr. Gabriel Jimenez Puig v. Avis Rent-A-Car SystemCourt of Appeals for the First Circuit · 1978
- Helen T. Turner, Administratrix v. Wilson Line of Massachusetts, Inc.Court of Appeals for the First Circuit · 1957
- Olive Gill v. Allstate Insurance Company, a Foreign Insurance CorporationCourt of Appeals for the Sixth Circuit · 1972
3Cited by24 opinions
- Barry C. Cosgrove, Cross-Appellee v. Joseph Bartolotta and Mary-Bart, Llc, Doing Business as Bartolotta's Lake Park BistroCourt of Appeals for the Seventh Circuit · 1998
- Kiefer v. Continental Airlines, Inc., Texas Court of Appeals, 1st District (Houston)1994
- Del Rosario Ortega v. Star-Kist Foods, Inc.District Court, D. Puerto Rico · 2002
- Frederick v. ConAgra, Inc.District Court, D. Massachusetts · 1989
- Evans v. Yum Brands, Inc.District Court, D. New Hampshire · 2004
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