Monday, January 19, 2009

federal District Court for VT remands removed diversity case

A defendant may remove a case from state court based on diversity of citizenship only if the complaint, notice of removal, or other evidence in the record provides “concrete information” that “the potential value of Plaintiff's claims” exceeds the amount in controversy required by 28 U.S.C. § 1332. Palmermo v. Fidelity & Guar. Ins. Co., 2009 WL 88340 (D.Vt. Jan. 12, 2009). This was a bad faith claim against a workers’ compensation insurer. Since the insurer failed to provide the required evidence re: amount in controversy, the court remanded the case to the state court in which plaintiff filed it.