Jurisdiction, Venue, and Forum

Jurisdiction

Amount in Controversy

Amount in Controversy

Amount in Controversy

Diversity jurisdiction requires more than seventy-five thousand dollars exclusive of interest and costs. The removing party must establish the amount by a preponderance where the complaint does not specify it.

Attorney fees count where recoverable by statute or contract.

Alternative Names:

Jurisdictional Amount|Amount in Controversy Requirement

Why it Matters?

States prohibiting specific damages allegations create the removal problem, since the complaint reveals nothing about value and the removing defendant must establish the amount independently through settlement demands, discovery responses, or the nature of the injuries. Dart Cherokee confirmed that a notice of removal need only allege the amount plausibly, with evidence required only if contested. Attorney fees recoverable by statute count toward the threshold.

Frequently asked questions

How is the amount established when the complaint is silent?

Do attorney fees count?