The Eleventh Circuit, in Pretka v. Kolter City Plaza II, Inc. recently reexamined and rejected as dicta broad statements in Lowery v. Alabama Power Co., 483 F.3d 1184 (11th Cir. 2007), that limit the type of evidence used to establish the amount in controversy for removal. The plaintiffs in Pretka, buyers of units in a new … Continue Reading
[UPDATED THROUGH APRIL 1, 2010] Law of the Case Doctrine, Jurisdiction of State Courts After Removal, Recusal. Does a federal court order establish law of the case with respect to whether remand had properly been carried out? Did appeal of remand order in federal court deprive the state court of jurisdiction? Did judge err in … Continue Reading