LAW 521-002 – Civil Procedure I

Amount in Controversy


For diversity, the amount in controversy that the plaintiff reasonably expects to receive must exceed $75,000.

Interest and attorney fees are excluded unless they are part of the cause of action. 28 U.S.C. § 1332(a)

Defendant can contest the amount for diversity only if there is no legally possible recovery exceeding $75,000.

When plaintiff seeks non-monetary relief, there are three ways to determine the amount in controversy. The value to plaintiff, defendant, or the one seeking diversity.

A single plaintiff can aggregate all his various claims against a single defendant. Two plaintiffs may aggregate their claims unless they are separate and distinct.

In a class action, at least one person must be over $75,000.

Class actions have special rules if they are over $5 million. Then they do not need anyone with over $75k and only need minimal diversity. 28 U.S.C. § 1332(d)(2)(A)