Legal Opinion
Burns v. Anderson
Court of Appeals for the Fifth Circuit
Decided October 11, 1974No. 74-2498PublishedCited by 26 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
The question on this appeal is whether a district court may dismiss a personal injury diversity suit where it appears “to a legal certainty” that the claim was “really for less than the jurisdictional amount.” 1
The suit grew out of an auto accident in which plaintiff Burns’ automobile was struck amidships by that of defendant Anderson. Burns’ principal injury was a broken thumb. .He brought the action in the Eastern District of Louisiana, claiming $1,026.00 in lost wages and medical expenses and another $60,000.00 for pain and suffering. After a pre-trial conference…
2Cases cited13 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
- Gorsalitz v. Olin Mathieson Chemical Corp.Court of Appeals for the Fifth Circuit · 1970
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Willard J. Rosenboro v. Dr. Andrew KimCourt of Appeals for the D.C. Circuit · 1993
- Pratt Central Park Limited Partnership v. Dames & Moore, Inc.Court of Appeals for the Seventh Circuit · 1995
- E. Phillip Duderwicz and Diana Duderwicz v. Sweetwater Savings Association, Ronald Rader and Zhanna Rader v. Sweetwater Savings AssociationCourt of Appeals for the Fifth Circuit · 1979
- Edna Christensen v. Northwest Airlines, Inc.Court of Appeals for the Ninth Circuit · 1980
- Smith v. Bally's HolidayDistrict Court, N.D. Georgia · 1994
21 more not listed; retrieve them via the Exa API.