Diversity of Citenship

[freeindeed]

I have seen on this forum where it has been said that one does not have to have an amount in controversy exceeding $75,000 when there is diversity of citizenship issue in federal court. I have not been able to find any law stating this. What I found is this here. Can someone point me to a law that says a diversity issue can be brought in federal court without the amount in controversy exceeding $75,000? Thank you in advance.

[David Merrill]

Originally Posted by freeindeed

I have seen on this forum where it has been said that one does not have to have an amount in controversy exceeding $75,000 when there is diversity of citizenship issue in federal court. I have not been able to find any law stating this. What I found is this here. Can someone point me to a law that says a diversity issue can be brought in federal court without the amount in controversy exceeding $75,000? Thank you in advance.

Exactly! Stipulated in Code only. Here is the law:

"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.

And of course in 1789 $75K was a pie-in-the-sky figure; like talking trillions of $$$.

http://www.suijuris.net/forum/articl...ct-1789-a.html


Regards,

David Merrill.

[Libertarian]

Originally Posted by freeindeed

I have seen on this forum where it has been said that one does not have to have an amount in controversy exceeding $75,000 when there is diversity of citizenship issue in federal court. I have not been able to find any law stating this. What I found is this here. Can someone point me to a law that says a diversity issue can be brought in federal court without the amount in controversy exceeding $75,000? Thank you in advance.

Under the current version of 28 USC 1332(a), the amount in controversy in a diversity suit must be $75,000. That is a fairly recent amendment-- it used to be lower.

[David Merrill]

Originally Posted by Libertarian

Under the current version of 28 USC 1332(a), the amount in controversy in a diversity suit must be $75,000. That is a fairly recent amendment-- it used to be lower.

The key ingredient for a diversity suit is diversity of citizenship.