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https://www.cafalawblog.com/case-summaries/the-plaintiff-is-the-lord-and-master-of-his-complaint
Dec 05, 2011 · This is not necessarily anomalous; after all, the general rule in a diversity case is that ‘plaintiffs as masters of the complaint’ may include (or omit) claims or parties in …
http://blogs.mvalaw.com/litigation-law-blog/the-master-of-his-complaint-u-s-supreme-court-urged-to-prevent-state-class-action-plaintiffs-attempts-to-evade-removal-jurisdiction-under-the-class-action-fairness-act-part-2-of-3/
The Knowles plaintiff points to more than one hundred years of Supreme Court precedent recognizing that the plaintiff is the master of the complaint and can limit his claims or damages to defeat removal. And plaintiff argues that recent cases in the Eighth and other circuits support the proposition that a stipulation to limit class damages below the jurisdictional amount is binding and sufficient to defeat …
https://blogs.findlaw.com/tenth_circuit/2012/07/plaintiff-isnt-the-only-master-of-a-complaint.html
The plaintiff in a lawsuit is generally the master of his complaint, but the Tenth Circuit Court of Appeals ruled last week that the defendant can have a say regarding the amount in controversy when it becomes clear that a plaintiff is simply trying to evade federal jurisdiction.Author: Robyn Hagan Cain
https://semmes.com/law-updates/joyner-v-acr-insulation-2/
Jun 06, 2013 · A Plaintiff is the Master of His Complaint; May Restrict its Scope by Amendment to Avoid Federal Jurisdiction. Joyner v. A.C. & R. Insulation Co., No. CCB-12-2294 (Maryland District Court, June 6, 2013) View pdf (June 9, 2013) Elisabeth R. Connell, Summer Associate. For more information, contact Paul Farquharson
https://www.cafalawblog.com/case-summaries/plaintiff-as-master-of-the-claim-may-base-his-claims-on-only-state-law-to-avoid-federal-jurisdiction-under-cafa
Jul 14, 2017 · The District Court noted that Morgan held where the plaintiff expressly limited his claim below the jurisdictional amount as a precise statement in the complaint, applying the maxim that the plaintiff is the master of his own complaint, the proponent of jurisdiction must show, to a legal certainty, that the amount in controversy exceeded the statutory threshold.
http://blogs.mvalaw.com/litigation-law-blog/the-master-of-his-complaint-u-s-supreme-court-urged-to-prevent-state-class-action-plaintiffs-attempts-to-evade-removal-jurisdiction-under-the-class-action-fairness-act-part-3-of-3/
This is not necessarily anomalous; after all, the general rule in a diversity case is that ‘plaintiffs as masters of the complaint may include (or omit) claims or parties in order to determine the forum.’
http://www.jha.com/us/blog/?blogID=1387
Under the well-pleaded complaint rule, then, plaintiff is the master of his complaint and is free to avoid federal jurisdiction by "pleading only state claims even where a federal claim is also available."
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1563&context=wlulr
It is hornbook law that the plaintiff is master of his complaint Tradi-tionally, a plaintiff's control of the complaint implied control to choose a state or federal forum for a diversity case.2 According to the long-standing rule of St. Paul Mercury Indemnity Co. v. Red Cab Co.,3 if a plaintiff prefers aAuthor: Russell D. Jessee
https://www.littler.com/publication-press/publication/ninth-circuit-makes-it-easier-employers-remove-state-court-class
Sep 24, 2013 · Because the plaintiff is the “master of her complaint” and can plead around federal jurisdiction, the Lowdermilk court held that when the complaint specifically and unambiguously alleged that damages were less than CAFA’s $5 million jurisdictional threshold, defendants were required to prove to a “legal certainty” that the amount in controversy exceeded $5 million. Before long, the plaintiffs’ bar mastered various pleading techniques and carefully crafted their pleadings …
https://www.gsblegal.com/kentuckys-convoluted-path-to-fundamental-fairness-for-defendants-in-tort-actions/
It is well-established that the plaintiff is the “master of his complaint” and can sue whomever he wishes. As a matter of practicality, plaintiffs may choose to sue the “deep pockets” or the entity likely to be viewed as less sympathetic to a jury.
https://www.paed.uscourts.gov/documents/opinions/98D0797P.pdf
It is well established that a plaintiff is master of his own complaint and may avoid federal removal jurisdiction by relying exclusively on state law causes of action.
https://www.cacities.org/getattachment/086aa121-e24c-4ae6-bf6a-e092bd9d281d/.aspx
and therefore is not preempted. A plaintiff is master of his or her complaint. Accordingly, a plaintiff may weigh the benefits and risks of a cause of action under Section 55 and may elect whether or not to invoke Section 55. The plaintiffs unfettered opportunity to choose whether to
https://www.law.cornell.edu/supct/html/02-306.ZD.html
BENEFICIAL NATIONAL BANK, et al., PETITIONERS v. ... “The [well-pleaded-complaint] rule makes the plaintiff the master of the claim; he or she may avoid federal jurisdiction by exclusive reliance on state law.” ... Though Taylor invoked no federal law in his complaint, we treated his case as one arising under §502 of the Employee ...
https://supreme.justia.com/cases/federal/us/539/1/case.pdf
latter court held that under the “well-pleaded complaint” rule, removal is not permitted unless the complaint expressly alleges a federal claim, and that the narrow exception known as the complete pre-emption doc-trine did not apply because there was no evidence of clear congressional intent to permit removal under §§85 and 86.
https://www.lieffcabraser.com/pdf/sj-district-court-whirlpool.pdf
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re: WHIRLPOOL CORP. FRONT- ) CASE NO. 1:08-WP-65000 ... In the Third Amended Master Class Action Complaint (docket no. 80), Ohio Plaintiffs ... Since plaintiff failed to file his complaint within two years of the sale,
https://cases.justia.com/federal/district-courts/ohio/ohsdce/1:2016cv00987/197447/20/0.pdf?ts=1480598986
¶ 2). Plaintiff is scheduled to graduate from his program with a Master’s Degree in May of 2018. (Id., ¶ 3). According to the Complaint, Plaintiff met Jane Roe on Tinder, a social media app. (Id., ¶ 46). They spoke on line for two or three weeks until they met face to face. (Id., ¶ 47).
http://www.mondaq.com/unitedstates/x/175100/Class+Actions/Plaintiff+Is+The+Master+And+Commander+Of+Her+Compaint+And+Can+Limit+The+Amount+In+Controversy
Apr 27, 2012 · The Sixth Circuit observed that the plaintiff is master of his complaint and can plead to avoid federal jurisdiction. Accordingly, subject to a "good faith" requirement in pleading, a plaintiff may sue for less than the amount he may be entitled to if he wishes to …Author: CAFA Law Blog
https://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2014cv07246/499323/13
Pennsylvania is clearly more convenient for Plaintiff, who, as the master of his Complaint, has chosen to bring suit in this forum. See Shutte v. Armco Steel Corp., 431 F.2d 22, 25 (3d Cir. 1970) (“It is black letter law that a plaintiff's choice of a proper forum is a paramount consideration in any determination of a transfer request, and ...
http://masscases.com/cases/app/9/9massappct254.html
By order entered May 12, 1975, a judge denied the plaintiff's motion and recommitted the report to the master. His accompanying order set out in detail, substantially as requested by the defendants, the matters on which the master was to make specific findings and summaries of the evidence. ... the plaintiff's complaint is that Bicknell has ...
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