Legal Opinion

Tapscott v. MS Dealer Service Corp.

Court of Appeals for the Eleventh Circuit

Decided March 20, 1996No. 95-6055PublishedCited by 486 opinions

1Opinion of the Court

BLACK, Circuit Judge:

Appellants challenge the exercise of diversity jurisdiction by the federal district court over a state law action. Appellee Lowe’s Home Centers (Lowe’s) removed the putative class action, and the district court denied Appellants’ motion to remand with respect to Lowe’s. The district court held the amount-in-controversy requirement was satisfied by aggregating punitive damages and diversity of citizenship was not defeated by a fraudulent joinder. We affirm and hold where a plaintiff makes an unspecified claim for damages, the defendant must prove the amount in controversy…

2Cases cited22 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  3. Strawbridge v. CurtissSupreme Court of the United States · 1806
  4. Snyder v. HarrisSupreme Court of the United States · 1969
  5. Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994

17 more not listed; retrieve them via the Exa API.

3Cited by486 opinions

  1. Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
  2. Richard M. Sanchez v. Monumental Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1996
  3. Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
  4. Miriam W. Williams v. Best Buy Co., Inc.Court of Appeals for the Eleventh Circuit · 2001
  5. Cheryl Cohen, on Behalf of Herself and Others Similarly Situated v. Office Depot, Inc., a Florida CorporationCourt of Appeals for the Eleventh Circuit · 2000

481 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API