Also known as:amount in controversy test · amount-in-controversy requirement · amount in controversy · AIC requirement · amount in controversy threshold
Written by attorneys · grounded in primary & secondary sources — see below
in diversity jurisdiction
A statutory threshold requiring that the value of a plaintiff's claim in a diversity action exceed seventy-five thousand dollars exclusive of interest and costs to establish federal subject-matter jurisdiction. The plaintiff's good-faith allegation in the complaint ordinarily controls unless it appears to a legal certainty that the claim cannot reach the required amount. Courts apply the test at the time of filing and reassess it upon challenge or changed circumstances such as dismissal of an anchor claim.
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Cases
Statutes
Federal Rules
Study Supplements
How it applies
Common Examples
6
Discovery Proportionality Review
Azure Solutions sued Alpine Mining in federal court alleging breach of a supply contract and seeking $180,000 in damages. During discovery Alpine moved for a protective order limiting document requests concerning internal cost data. The court weighed the amount in controversy against the burden of production and narrowed the requests to invoices and payment records only.
Supplemental Claim in Diversity Suit
Abigail Alvarez, a citizen of State A, sued Apex Dynamics, a citizen of State B, for $90,000 on a contract claim that satisfied the amount-in-controversy requirement. She later joined an additional plaintiff whose related claim totaled only $40,000. The court exercised supplemental jurisdiction over the smaller claim because it shared a common nucleus of operative fact with the anchor claim.
Certification of Discovery Requests
Arthur Abrams served broad interrogatories on Ashford Manufacturing in a $120,000 contract dispute. Ashford's counsel certified the responses after considering the amount in controversy and concluded that answering every interrogatory would be unduly burdensome. The court upheld the certification because the responses were proportional to the stakes of the case.
Jurisdictional Dismissal on Insufficiency
Adrian Aguilar filed a diversity action against a corporate defendant seeking $50,000 in compensatory damages plus punitive damages that the complaint valued at $30,000. The defendant moved to dismiss for lack of subject-matter jurisdiction. The court granted the motion because the pleaded amount failed to meet the statutory threshold even after including the punitive claim.
Steel Co. v. Citizens for a Better Environment523 U.S. 83, 90, 118 S. Ct. 1003, 1010, 140 L. Ed. 2d 210 (1998)
Class Arbitration and Individual Claims
Austin Abbott and other merchants each asserted claims under $10,000 against American Express. The company invoked an arbitration clause that barred class proceedings. The court enforced the clause because no individual claim satisfied the amount-in-controversy requirement on its own and the clause prevented aggregation.
American Express Co. v. Italian Colors Restaurant570 U.S. 228, 233 (2013)
Federal Common Law Contract Claim
Aaron Adams, a union member, sued an employer in federal court under a collective-bargaining agreement seeking $80,000 in back wages. The employer challenged jurisdiction on the ground that the claim sounded only in state contract law. The court retained the case because the pleaded amount exceeded the diversity threshold and the claim arose under federal common law.
Textile Workers Union of Am. v. Lincoln Mills of Ala.353 U.S. 448 (1957)
Common questions
Frequently Asked
4
How does a court determine whether the amount-in-controversy requirement is satisfied when the complaint alleges future lost earnings?+
Federal courts accept the plaintiff's good-faith allegation unless it appears to a legal certainty that the claim cannot reach the jurisdictional amount. Concrete allegations of tuition losses and career harm suffice even if the precise figure is uncertain.
Supporting sources
What happens to supplemental jurisdiction when the sole diversity claim is dismissed for failure to meet the amount-in-controversy requirement?+
Once the anchor claim is dismissed, the district court should decline to exercise supplemental jurisdiction over remaining state-law claims between non-diverse parties under 28 U.S.C. § 1367(c)(3).
May a defendant remove a case to federal court by asserting an amount in controversy different from the sum demanded in the complaint?+
Yes. The notice of removal may assert the amount in controversy when the initial pleading seeks non-monetary relief or an unspecified amount, provided the district court finds by a preponderance of the evidence that the requirement is met.
Supporting sources
Does interest that has accrued as part of the underlying debt count toward the amount in controversy?+
Interest that constitutes part of the claim itself, such as interest accrued on a note, is included in the calculation. Interest sought merely as delay damages is excluded.
Supporting sources
. This reading is supported by the statute’s structure and by its legislative history, which indicates that Congress intended to overrule Zahn v. International Paper Co. , 414 U. S. 291,…
, Act of Mar. 3, 1875, § 1, 18 Stat. 470, and entirely superfluous as of 1980, when Congress eliminated the
amount-in-controversy requirement
, Pub. L. 96-486, 94 Stat. 2369. [^maj-2]: In…
amount in controversy
or the citizenship of the parties, " to provide various forms of relief. 33 U. S. C. § 1365(a) (emphasis added). The italicized phrase strongly suggested (perhaps misleadingly) that the…
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