Can they ask for consequential damages under a good faith in federal court without being dismissedThis question is in civil procedure under Subject matter jurisdiction: When a plaintiff does not...

Can they ask for consequential damages under a good faith in federal court without being dismissed

This question is in civil procedure under Subject matter jurisdiction: When a plaintiff does not meet the $75,000 jurisdictional amount, can they ask for consequential damages under a good faith in federal court without being dismissed?

Asked on by maxie64

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tinicraw's profile pic

tinicraw | High School Teacher | (Level 1) Educator Emeritus

Posted on

http://www.west.net/~smith/smjuris.htm - This link should help to answer most of your question. After reading it, I believe that if the amount does not meet that price/cost then the court doesn't have jurisdiction.  Without jurisdiction, they can't, and probably won't, answer anything. Without jurisdiction, it is my understanding that they wouldn't even hear the case; so, it wouldn't be dismissed because it would never be opened. On the other hand, if it is opened already, you can always submit a motion and ask anything you'd like; just be aware that they may say no. The link provided doesn't discuss consequential damages, but it does discuss that counterclaims can be filed if the amount is under $75,000.00.

 

maxie64's profile pic

maxie64 | (Level 1) eNoter

Posted on

As far as Legal certainity under a good faith court.  I should have been more specific with my question.  Actions brought in Federal court under the diversity Statue 1332 must be in excess of $75,000 exclusive of interest and cost.  The amount is determined from Plaintiff's good faith allegation.  The complaint can only be dismiss if there in NO legal certainity of a recovery exceeding the jurisictional amount.  However,  an individual may receive punitive damages (if allowed under state law, they can be used to satisfy the the dollar requirement. Attorney's fees:(That are recoverable by contract or statute can be used to satisyy the amount in controversy. Injunctive relief:(is measure by the amount it cost the defent to comply with the injuncition. For example if the individual did not complete the job how much would it cost him to complete the job).  As long as the amount is $75,000.01 you have met the amount in controversy.  Counter Claims: CANNOT be combined with Plaintiff's claim to reach the jurisdictional amount.  Thank you very much for your response it did help me tremendously.  Best regards

maxie64's profile pic

maxie64 | (Level 1) eNoter

Posted on

Thank you for your response.  After an answer has been filed either party MAY file a motion for Judgement on the Pleadings.   It is usually  a request by the defendant that the  Court the (judge) dismiss the complaint for insufficiency.  But, a plaintiff may also move for judgement on the pleadings on the grounds that the defendant't answer admits liability to plaintiff's claim.  But, if either party present evidence to the court that is outside or additional to the statements in the pleadings themselves (outside the complaint and answer) the Court (judege) will treat the Motion as a Motion for Summary Judgement.  The judege has the discretion over whether to grant a motion to amend a pleading, but permission to amend should be freely granted.   Under Federal  Rule Civil Procedure 15(b) a judge must permit amaendments of pleading to conform the pleadings to the evidence at trial unless the objecting party can show prejudice and unde FRCP under the Relations back Rule they must the claims or defenses aris out of the same events in the original pleading.

 

 

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