Bricine Mitchell v. Continental Casualty Insurance

Summary

The court orders Continental Casualty Insurance to show cause why this removed putative class action should not be remanded for lack of subject matter jurisdiction. The court concludes that Defendant has not shown by a preponderance of the evidence that the amount in controversy exceeds $75,000, including through attorney’s fees or the cost of complying with the requested injunction.

Holdings

1. Continental did not meet its burden of showing by a preponderance of the evidence that the amount in controversy exceeds $75,000.
2. The cost of complying with an injunction may count toward the amount in controversy, but Continental failed to provide evidence showing that compliance would cost more than $75,000.

Questions Presented

1. Whether Continental established by a preponderance of the evidence that the amount in controversy exceeds $75,000 for diversity jurisdiction.
2. Whether projected attorney's fees attributable to a putative class action established the amount-in-controversy requirement.
3. Whether the anticipated cost of complying with the requested injunction established the amount-in-controversy requirement.

Disposition

other