Diversity

Question 1

What are the two categories of Damages?

Answer 1

Tangible Damages = amounts awarded to compensate a complainant’s proven injury or loss.

Intangible Damages = compensation for a complainant’s pain and suffering.

Amount in controversy should be a “good faith estimate” of the amount which should be awarded to a complainant. More than 75,000.

Question 2

Rules of Aggregation

Answer 2

1) Single Plaintiff (w/ 2+ unrelated Claims) = Aggregate
2) One Plaintiff Satisfies the Statutory Amount = OK!
3) Mult-Defendants / Plaintiffs w/ Common or Undivided Interest in the Amount - Can Aggregate.

Question 3

Amount in Controversy for Class Actions:

Answer 3

1) one member of the class = Satisfies the Statutory Minimum (75,000.01)
2) Combined amount >5 Million.

Question 4

State Citizenship (for the purposes of Diversity)

Answer 4

Persons are citizens of the state in which they are domiciled.

Domicile Test: (two Parts)

1) Physical Presence
2) Intent to Remain in a State