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Personal Injury

6/4/2009
Clint W. Verity
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Federal District Court Remands Personal Injury Action to State Court.

The United States Federal District Court for the Eastern District of Virginia-Richmond Division remanded a personal injury action based on negligence back to state court.  Despite plaintiff's medical expenses of $63,964.92, he/she had only sued for $74,900.  The court reasoned that the plainitff's ability to amend his/her Complaint was not enough to keep the action in federal court.  Under 28 U.S.C. 1332, a plaintiff must allege an amount in controversey that exceeds $75,000 in order to have his/her state law claim heard in federal court.



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