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Tenth Circuit Holds Settlement Demands Can Establish Amount in Controversy by Brian V. Otero
Stephen R. Blacklocks
Hunton & Williams LLP
New York Office
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May 27, 2009
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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