The Bronx, NY asked in Personal Injury for New York

Q: In an diversity of jurisdiction suit if case doesn't meet the 75.000 limit. What happens if case is dismissed & lost.

One party lives in n y c other party lives in another state. What happens to case.

Related Topics:
2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: The short answer is that the case could be remanded back to state court for failing to meet the $75,000 threshold for diversity jurisdiction. You're talking about the amount in controversy provision. If you are in the federal court system, it's likely you are already represented by counsel. If not, you could consider reaching out to law firms to discuss in greater detail. This could be beyond the scope of a quick, short answer. The U.S. Code for diversity jurisdiction, 28 U.S.C. § 1332, is fairly complex with lots of fine points, and it would probably be valuable to your case for an experienced attorney review the accident, your injuries, and pleadings (if you are not already represented by counsel). Good luck

Jack Mevorach agrees with this answer

1 user found this answer helpful

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: If the case was dismissed because the amount in controversy did not exceed $75,000, the case should be remanded back to state court for further proceedings. On the other hand, if the case was dismissed on different grounds, i.e. on the merits, then the case will, in fact, be over.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.