Legal Opinion
Theis Research, Inc. v. Brown & Bain
Court of Appeals for the Ninth Circuit
Decided October 20, 2004No. 02-16839PublishedCited by 4 opinions
1Opinion of the Court
DAVID R. THOMPSON, Senior Circuit Judge:
This appeal presents the primary question whether, in a case in which a party seeks to vacate an arbitration award, the amount in controversy for diversity jurisdiction under 28 U.S.C. § 1332(a) is measured by the amount of the award or by the amount in dispute in the underlying litigation between the parties. The arbitration award which Theis Research, Inc. (“Theis”) moved to vacate was for zero dollars. Contemporaneously with that motion, Theis filed a complaint that sought damages from Brown & Bain (“B&B”) in excess of $200 million. The claims Theis…
2Cases cited12 opinions
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Wilko v. SwanSupreme Court of the United States · 1953
- Aubie BALTIN; Gwilda Baltin, Plaintiffs-Appellants. v. ALARON TRADING CORPORATION, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1997
- Bull HN Information Systems, Inc. v. HutsonCourt of Appeals for the First Circuit · 2000
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3Cited by4 opinions
- Theis Research, Inc. v. Brown & BainCourt of Appeals for the Ninth Circuit · 2005
- Theis Research, Inc. v. Brown & BainCourt of Appeals for the Ninth Circuit · 2005
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- First Student, Inc. v. Teamsters, Local 959District Court, D. Alaska · 2019