A party with multiple claims may wish to aggregate them to meet the jurisdictional amount (also known as amount in controversy) requirement for their desired court. The current amount in controversy requirement is $75,000. While this practice...
civil procedure
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Amount in controversy refers to the amount of money a plaintiff seeks in a lawsuit. The monetary value of a non-monetary remedy such as an injunction can also be included in the amount in controversy. For a case to be heard in district court...
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Plaintiff-Petitioner Jenifer Arbaugh (“Arbaugh”) was employed by Defendant-Respondent Y & H Corporation (“Y & H”) as a bartender in Louisiana from May 2000 until February 2001. Arbaugh sued Y & H in November 2001 in...
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In 2018, North Carolina passed Senate Bill 824 (“the Bill”), which required voters to “present one of ten forms of authorized photographic identification” in order to vote. N. Carolina State Conf. of NAACP v. Berger, at 918. After the Bill was enacted...
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Defendant Bristol-Myers Squibb Company (“BMS”) manufactures anticoagulants—drugs meant to inhibit blood clotting. See Bristol-Myers Squibb Co. v. Super. Ct. of San Francisco Cty., S221038, at 2 (Cal. Aug. 29, 2016). Seven hundred residents of thirty-...
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The burden of allegation, also known as the burden of pleading, refers to the plaintiff’s obligation to plead sufficient assertions of facts to support a cause of action against a defendant.
As established by the seminal...
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Generally, burden of proof describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established. There are different standards for different circumstances.
For example, in...
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China Agritech, Inc. (“China Agritech”) is a Delaware-incorporated holding company with its principal place of business located in Beijing, China. Resh v. China Agritech, Inc., 857 F.3d 994, 996. China Agritech claims to sell organic fertilizers and...
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Overview:
Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or class against another and are to be distinguished from "...
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A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim, and which is forfeited if not raised in the same lawsuit. If the defendant fails to...