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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/
, No. 4:11-cv-04044, 3 (W.D.Ark. Dec. 2, 2011). 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 ...
https://www.cafalawblog.com/case-summaries/the-plaintiff-is-the-lord-and-master-of-his-complaint
Dec 05, 2011 · The defendants asserted that this three-plaintiff case satisfied the definition of mass action when combined with the other removed cases. Specifically, the defendants noted that, on September 9, 2011, the plaintiffs’ counsel filed two separate cases in the St. Louis City Circuit Court, one with 95 plaintiffs and one with 96 plaintiffs.
http://www.jha.com/us/blog/?blogID=1387
Well-Pleaded Complaint Rule vs. Artful Pleading Doctrine: Is the Plaintiff Really the Master of Its Complaint? From Romano v.Kazacos, 2010 U.S. App. LEXIS 13220 (2d Cir. June 29, 2010), in which the issue was whether the complaint was subject to the Securities Litigation Uniform Standards Act: A. Master of the Complaint
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-is-the-master-and-commander-of-her-compaint-and-can-limit-the-amount-in-controversy
Apr 25, 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 …
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://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
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/
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)
https://docs.justia.com/cases/federal/district-courts/pennsylvania/paedce/2:2014cv07246/499323/13
Defendant’s alternative request to transfer venue because California would be more convenient for the defense is also denied. 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.
https://law.justia.com/cases/illinois/supreme-court/1978/50179-6.html
It was his contention that Supreme Court Rule 273 (58 Ill.2d R. 273), which in pertinent part provides that "an involuntary dismissal * * * operates as an adjudication upon the merits," served to make the order dismissing Yellow Cab an adjudication of the issues between plaintiff and defendants Yellow Cab *118 (the master) and Joseph Smith (its ...
https://www.law.cornell.edu/supct/html/02-306.ZD.html
This Court has twice recognized exceptions to the well-pleaded-complaint rule, upholding removal jurisdiction notwithstanding the absence of a federal question on the face of the plaintiff’s complaint. First, in Avco Corp. v. Machinists, 390 U.S. 557 (1968), we allowed removal of a state-court action to enforce a no-strike clause in a
https://www.mondaq.com/unitedstates/Litigation-Mediation-Arbitration/175100/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 …
https://45ijagbx6du4albwj3e23cj1-wpengine.netdna-ssl.com/wp-content/uploads/Hernia-Plug-Lawsuit-Bard-Pefix-Ethicon-Proceed-Mesh.pdf
PLAINTIFF’S ORIGINAL COMPLAINT & JURY DEMAND Page 2 I. PARTIES, JURISDICTION, AND VENUE 1. Plaintiff, MATTHEW OCHOA, was, and at all times relevant times, a citizen of the State of Texas, and a resident of Harris County, Texas. Mr. Ochoa is in his early thirties as
http://ksd.uscourts.gov/wp-content/uploads/2015/11/14-2591-DOC-461-Order-approving-new-notices-to-conform.pdf
in Plaintiffs’ Amended Master Complaint. Plaintiff acknowledges that for purposes of the above-captioned case this Notice and the Amended Master Complaint shall be deemed together to be the operative pleading pursuant to Fed. R. Civ. P. 7(a)(1). VENUE 1. Plaintiff filed his/her/its constituent case in or had removed to the U.S. District
https://www.druganddevicelawblog.com/2009/08/reconsidering-master-complain.html
Aug 20, 2009 · Reconsidering The Master Complaint. ... Alleging plaintiff-specific facts is anathema to the other side’s mass tort practice – which is what MDLs are. that practice is all about using word processors and multi-plaintiff joinder to file as many suits as possible as quickly and cheaply as possible. They can’t be bothered with whether there ...
https://legal-dictionary.thefreedictionary.com/complaint
The complaint outlines all of the plaintiff's theories of relief, or causes of action (e.g., Negligence, Battery, assault), and the facts supporting each Cause of Action. The complaint also serves as notice to the defendant that legal action is underway. The Federal Rules of Civil Procedure govern construction of complaints filed in federal courts.
https://www.druganddevicelawblog.com/2016/08/mdl-court-says-you-dont-belong-here-to-plaintiff-added-by-amendment.html
The defendants argued, “[This plaintiff] never filed a lawsuit that the [JPML] transferred to this Court. Rather, [he] was joined when Plaintiffs filed their Consolidated Master Complaint – which is impermissible – and thus, this Court’s jurisdiction has not been invoked.” Id. …
https://en.wikipedia.org/wiki/Cross-claim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to Black's Law Dictionary. A cross claim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim.
https://caselaw.findlaw.com/us-7th-circuit/1200645.html
See Br. at 1, 2, 4, 12-13, 16, 18, 20. 4 In neither his complaint nor his brief does Davis explain how his reliance on the Fourteenth Amendment is merely intended to “support” his state constitutional claims. While a violation of federal law can be an element of a state statutory claim, see infra, we refuse to speculate as to how a ...
https://www.opn.ca6.uscourts.gov/opinions.pdf/12a0940n-06.pdf
Plaintiff filed her complaint in the United States District Court for the Northern District of Ohio on March 26, 2010, alleging sex discrimination, sexual harassment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. , and also a sexual harassment
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