Mark Barrios and Judy Barrios v. State Farm Fire and Casualty Company

Summary

The United States District Court for the Eastern District of Louisiana granted Mark and Judy Barrios’s motion to remand their insurance dispute against State Farm Fire and Casualty Company. The court held that State Farm did not establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, despite complete diversity of citizenship.

Holdings

1. The amount in controversy was not facially apparent from the Barrios' petition because the petition alleged only general categories of property, consequential, statutory, and fee-related damages without specifying the extent or value of the claimed loss.
2. State Farm failed to prove by a preponderance of the evidence that the amount in controversy exceeded $75,000 when it removed the case.
3. Federal jurisdiction in a removed action must be determined from the jurisdictional facts existing at the time of removal.

Questions Presented

1. Whether the amount in controversy was facially apparent from the state-court petition to exceed the $75,000 threshold for diversity jurisdiction.
2. Whether State Farm established by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal.
3. Whether the Barrios' settlement demand and stipulations supported remand by demonstrating that the amount in controversy was below the jurisdictional threshold.

Disposition

remanded