Legal Opinion

Oliver v. Haas

District Court, D. Puerto Rico

Decided August 15, 1991No. Civ. 91-1385 (GG)PublishedCited by 10 opinions

1Opinion of the Court

OPINION AND ORDER

GIERBOLINI, Chief Judge.

Before the court is plaintiff’s motion to remand and an opposition thereto filed by defendants. This case was commenced by plaintiff Oliver in the Ponce Superior Court on September 24,1990, and removed by the defendants Mrs. Haas and the Haas Estate to this court on March 25, 1991. The issue is whether, in an action brought initially in state court and subsequently removed to federal court, a compulsory counterclaim may be used to satisfy the amount in controversy requirement of diversity jurisdiction.

I. BACKGROUND

The action originated after Edward…

2Cases cited14 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  3. Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
  4. Harriet M. Gould, an Unremarried Widow v. Mutual Life Insurance Company of New York, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1986
  5. Annie Wiggins v. North American Equitable Life Assurance CompanyCourt of Appeals for the Fourth Circuit · 1981

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3Cited by10 opinions

  1. Spectacor Management Group v. Matthew G. BrownCourt of Appeals for the Third Circuit · 1997
  2. Iowa Lamb Corp. v. Kalene Industries, Inc.District Court, N.D. Iowa · 1994
  3. Conference Am., Inc. v. Q.E.D. Int'l, Inc.District Court, M.D. Alabama · 1999
  4. Mesa Industries, Inc. v. Eaglebrook Products, Inc.District Court, D. Arizona · 1997
  5. Sopena v. Colejon Corp.District Court, D. Puerto Rico · 1996

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