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Tenth Circuit Holds Settlement Demands Can Establish Amount in Controversy



by Brian V. Otero
Hunton & Williams LLP - New York Office

Stephen R. Blacklocks
Hunton & Williams LLP - New York Office

July 26, 2008

Previously published on July 2008

The Tenth Circuit has added its voice to the circuit courts that have held that a defendant may rely on settlement amounts discussed with the plaintiff to establish that the amount in controversy required for diversity jurisdiction is satisfied. McPhail v. Deere & Co., 2008 WL 2514157, *8 (10th Cir. June 25, 2008).


 

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