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Home / Opinion Digests / Civil Practice / Civil Practice – Diversity Jurisdiction – Amount in Controversy – Plaintiff’s Claims – Time of Removal – Counterclaims – Suspended Corporate Status (access required)

Civil Practice – Diversity Jurisdiction – Amount in Controversy – Plaintiff’s Claims – Time of Removal – Counterclaims – Suspended Corporate Status (access required)

No Regrets Properties, Inc. v. Neighborhood Sports Pub Concepts, Inc. Even if defendant's counterclaims could be aggregated with plaintiff's claims to reach the jurisdictional amount in controversy in a removal case, the amount in controversy must be considered as of the dates of the filing of the complaint and the filing of the notice of removal. Defendant had not filed its counterclaims as of the date of removal, and plaintiffs have disclaimed any award in excess of $74,900; therefore, the amount in controversy does not support federal jurisdiction under 28 U.S.C. § 1332. Plaintiffs' motion to remand to state court is granted.

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