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M.D. Fla.·
2023-04-28
The court held that the defendant properly removed the case because complete diversity existed after disregarding the fictitious defendant, and the amount in controversy exceeded $75,000.
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M.D. Fla.·
2023-04-25
The court held that it lacked subject matter jurisdiction because the plaintiff's complaint did not present a federal question and the amount in controversy for diversity jurisdiction was speculative and not established.
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M.D. Fla.·
2023-04-14
The court held that the plaintiff's amended complaint failed to establish diversity jurisdiction, but granted him one final opportunity to amend.
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M.D. Fla.·
2023-04-12
The court held that allegations of residency alone are insufficient to establish citizenship for diversity jurisdiction purposes.
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S.D. Fla.·
2023-04-04
The court held that the complaint failed to sufficiently allege diversity jurisdiction because it did not state the citizenship of all members of the defendant limited liability company.
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M.D. Fla.·
2023-04-03
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the case must be remanded.
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M.D. Fla.·
2023-03-21
The court found that the plaintiff failed to sufficiently establish subject matter jurisdiction based on diversity of citizenship and amount in controversy.
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M.D. Fla.·
2023-03-08
The Court held that the amount in controversy did not exceed the $75,000 jurisdictional threshold, and therefore, the case must be remanded to state court. The Court also denied Plaintiff's request for attorney's fees.
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M.D. Fla.·
2023-03-06
The court held that the defendant's affirmative defense was untimely and failed to state grounds for vacating, modifying, or correcting the arbitration award.
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M.D. Fla.·
2023-02-28
A defendant seeking to remove a case based on diversity jurisdiction must provide plausible allegations and supporting facts to establish the amount in controversy, which Wal-Mart failed to do.
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M.D. Fla.·
2023-02-17
Eight former students of Ringling College sued the college alleging various state law claims including constructive fraud, negligent supervision, and breach of contract, arising from their experiences with an associate dean who allegedly mishandled reports of misconduct and engag
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M.D. Fla.·
2023-02-16
A post-suit settlement demand, without specific supporting details, is insufficient to establish the amount in controversy for diversity jurisdiction.
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S.D. Fla.·
2023-02-15
The court held that the defendant bank failed to sufficiently establish subject matter jurisdiction based on diversity of citizenship.
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M.D. Fla.·
2023-02-03
The court held that the plaintiff failed to adequately plead the citizenship of the defendant LLC, thus failing to establish diversity jurisdiction.
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M.D. Fla.·
2023-02-01
The court held that the defendant met its burden to establish the amount in controversy exceeded $75,000, thus denying the motion to remand.
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S.D. Fla.·
2023-01-31
The court held that a pre-suit demand letter containing specific details of past and estimated future medical expenses was sufficient to establish the amount in controversy for diversity jurisdiction.
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M.D. Fla.·
2023-01-30
The court held that the defendant's notice of removal was timely filed because the initial complaint did not establish diversity of citizenship, and the thirty-day removal period began when the defendant received plaintiff's discovery responses clarifying her domicile.
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M.D. Fla.·
2023-01-17
The court confirmed the arbitration award and denied the petitions to vacate, finding the arbitrator did not exceed his powers and acted within the scope of his authority.
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S.D. Fla.·
2023-01-09
The court converted the motion for judgment on the pleadings to a motion for summary judgment because matters outside the pleadings were presented, and ordered parties to supplement the record regarding subject matter jurisdiction and the form of judgment.
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M.D. Fla.·
2023-01-04
The court held that a rejected settlement offer, even if a check was issued, does not reduce the amount in controversy for diversity jurisdiction purposes.
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S.D. Fla.·
2022-12-28
The court held that a complaint alleging diversity jurisdiction is insufficient if it fails to properly plead the citizenship of all parties, including the members of an LLC, and that amendment would be futile if the plaintiff is a member of the defendant LLC, thus destroying com
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Fla. 2d DCA·
2022-12-21
The appellate court reversed a county court judgment because it exceeded the court's jurisdictional limit. The court held that a judgment exceeding this limit is void and must be vacated, with instructions to transfer the case to the appropriate court if the damages exceed the co
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M.D. Fla.·
2022-12-16
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $5 million threshold required by CAFA.
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M.D. Fla.·
2022-12-15
The court held that the defendant failed to establish the amount in controversy required for removal of a class action case based on diversity jurisdiction.
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M.D. Fla.·
2022-12-13
The court held that the complaint, as filed, was deficient in several respects, including insufficient affidavits of indigency, lack of subject matter jurisdiction due to failure to meet the amount in controversy, and failure to state a claim upon which relief can be granted unde
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S.D. Fla.·
2022-12-12
The court held that a complaint must identify the members of a limited liability company and their citizenship to properly allege diversity jurisdiction.
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M.D. Fla.·
2022-12-10
The court held that it lacked subject matter jurisdiction because the amount in controversy did not meet the $75,000 threshold for diversity jurisdiction.
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Fla. 4th DCA·
2022-12-07
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M.D. Fla.·
2022-12-07
The Court lacks clear subject matter jurisdiction and requires parties to submit evidence to establish it.
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M.D. Fla.·
2022-12-06
The court held that the plaintiffs failed to establish diversity jurisdiction because they did not adequately demonstrate the organization's principal place of business under the 'nerve center' test.
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M.D. Fla.·
2022-11-30
The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
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S.D. Fla.·
2022-11-29
A plaintiff who files suit in a forum must appear for deposition in that forum unless they demonstrate good cause showing undue burden or hardship that outweighs prejudice to the defendant.
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S.D. Fla.·
2022-11-23
The court held that it lacked subject matter jurisdiction because one plaintiff was a U.S. citizen domiciled abroad, thus not a citizen of a state for diversity purposes.
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M.D. Fla.·
2022-11-16
The amount in controversy for determining federal diversity jurisdiction in a suit seeking to void a mortgage and quiet title is the value of the underlying property, not the face value of the mortgage.
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M.D. Fla.·
2022-11-15
The court held that the defendant failed to meet the burden of establishing the amount in controversy for diversity jurisdiction, as pre-removal payments from the insurer offset the claimed damages.
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M.D. Fla.·
2022-10-31
The court denied the motion for a temporary restraining order and ordered the plaintiff to show cause why the case should not be dismissed for lack of subject matter jurisdiction.
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M.D. Fla.·
2022-10-18
The court held that the plaintiff failed to adequately allege the citizenship of several defendants, preventing the court from determining subject matter jurisdiction.
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M.D. Fla.·
2022-10-11
The court held that the defendants failed to sufficiently establish diversity jurisdiction, requiring them to show cause why the action should not be remanded.
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M.D. Fla.·
2022-10-11
The court ordered the defendant to show cause why the case should not be remanded for lack of subject-matter jurisdiction, as the defendant failed to sufficiently establish diversity of citizenship and the amount in controversy.
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M.D. Fla.·
2022-10-06
The court held that the defendant's notice of removal was deficient because it failed to establish diversity jurisdiction and comply with local rules.
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M.D. Fla.·
2022-10-06
Plaintiff's responses to Requests for Admissions can be considered 'other paper' for removal purposes, and an unambiguous admission of damages exceeding $75,000 establishes federal jurisdiction.
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M.D. Fla.·
2022-10-04
A defendant seeking removal to federal court based on diversity jurisdiction must establish the amount in controversy exceeds $75,000 by a preponderance of the evidence, using plausible allegations and supporting documentation.
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M.D. Fla.·
2022-10-03
The court held that the amount in controversy, including estimated attorney's fees, exceeded $75,000, thus denying the motion to remand.
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S.D. Fla.·
2022-09-30
The court held that the defendant failed to establish federal subject matter jurisdiction based on diversity, as the amount in controversy was not sufficiently proven.
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S.D. Fla.·
2022-09-27
A removing defendant bears the burden of proving federal subject matter jurisdiction, and conclusory allegations regarding the amount in controversy are insufficient.
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S.D. Fla.·
2022-09-22
The court held that the plaintiff's complaint, which was a shotgun pleading and lacked subject-matter jurisdiction, should be stricken with leave to amend.
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M.D. Fla.·
2022-09-13
The court held that it lacked subject matter jurisdiction due to a lack of complete diversity and therefore remanded the case to state court.
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S.D. Fla.·
2022-09-12
The court held that it lacked subject matter jurisdiction over the case because the complaint failed to establish federal question or diversity jurisdiction.
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M.D. Fla.·
2022-09-11
The court held that the defendant failed to establish subject-matter jurisdiction by a preponderance of the evidence, requiring supplementation of the removal notice.
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M.D. Fla.·
2022-09-08
The court held that the plaintiff failed to adequately plead diversity jurisdiction by not identifying the citizenship of its LLC members and the members of the Lloyd's Underwriters.