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JTH Tax, Inc. v. Frashier

United States Court of Appeals for the Fourth Circuit · Civil Procedure
Civil ProcedureSubject Matter JurisdictionDiversity JurisdictionAmount in Controversy28 U.S.C. § 1332amount in controversylegal certainty testgood faith allegation

Facts

Liberty franchised tax preparation offices and had entered into a franchise agreement with Frashier that included post-termination obligations, including a covenant not to compete and a requirement to return customer lists and equipment. After the parties failed to agree on sale terms for Frashier's franchise territory, Frashier closed the franchise and Liberty terminated the agreement. Liberty then filed a federal complaint seeking $80,000 in damages and a permanent injunction requiring compliance with the post-termination provisions, alleging that Frashier used his former office to support a competing tax enterprise and failed to return materials. Although Liberty later sought $60,456.25 in money damages in a summary judgment motion, it did not amend its complaint.

Issue

Whether the district court lacked diversity jurisdiction because Liberty's case failed to satisfy the $75,000 amount-in-controversy requirement after Liberty later sought less than $75,000 in damages in a summary judgment motion. Also, whether the district court was required to consider the value of Liberty's requested injunctive relief in determining the amount in controversy.

Rule

Ordinarily, the amount in controversy is determined by the sum claimed in the plaintiff's complaint, so long as the claim is made in good faith. If the complaint alleges an amount exceeding the jurisdictional threshold, dismissal is proper only when it appears to a legal certainty that the plaintiff cannot recover that amount. Subsequent events reducing the amount recoverable do not oust jurisdiction. In actions seeking injunctive relief, the amount in controversy includes the value of the injunction, measured by the greater of its worth to the plaintiff or its cost to the defendant, and claims may be aggregated to reach the jurisdictional minimum.

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Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.
Maple Crest Staffing, a Nevada corporation, sued Evan Rusk, a citizen of Ohio, in federal court in Cleveland for breach of a consulting agreement. The complaint sought $82,000 in damages and alleged that figure was based on unpaid fees and related losses; no one argued the allegation was dishonest.

If Evan moves to dismiss for lack of diversity jurisdiction solely because he believes Maple Crest's damages math is overstated, how should the court rule?

Explanation. The majority opinion states that the sum claimed in the complaint ordinarily controls if made in good faith. Dismissal is proper only when it appears to a legal certainty that the plaintiff cannot recover that amount. A mere dispute over the mathematical accuracy of the damages calculation is not enough. (Derived from JTH Tax, Inc. v. Frashier (n.d.).)