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Civil Practice – Federal Jurisdiction – Diversity – Amount in Controversy – Unspecified Damages – Plaintiff’s Affidavit
By: S.C. Lawyers Weekly staff//August 6, 2013
Civil Practice – Federal Jurisdiction – Diversity – Amount in Controversy – Unspecified Damages – Plaintiff’s Affidavit
By: S.C. Lawyers Weekly staff//August 6, 2013
Carter v. Bridgestone Americas, Inc. (Lawyers Weekly No. 002-126-13, 5 pp.) (Patrick Michael Duffy, J.) 2:13-cv-00287; D.S.C.
Holding: It is true that a post-removal event, such as amending a complaint in order to reduce the amount in controversy below the jurisdictional limit, does not deprive a federal court of diversity jurisdiction. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283 (1938). However, St. Paul does not apply in this case in which the complaint does not specify an amount of damages.
The court interprets plaintiff’s statements in her notarized affidavit as to the amount in controversy as a stipulation, clarifying that the total amount of damages sought by her complaint is not more than $60,000. Accordingly, the court is without subject matter jurisdiction.
Plaintiff’s motion to remand to state court is granted.
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