pj - smj

Question 1

Excluded from the amount-in-controversy calculation.

Answer 1

costs and interest are excluded from the amount-in-controversy calculation.

Question 2

Included in amount-in-controversy

Answer 2

punitive damages if permitted by law are included in AIC

compensatory damages always included in AIC

attorney’s fees included if permitted by law or contract in AIC

Question 3

personal jurisdiction challenge must be raised before the pleading have closed.

Answer 3

A party may move for judgment on the pleadings after the pleadings have closed—ie, once the plaintiff’s complaint and the defendant’s answer have been served. Since a personal-jurisdiction challenge must be raised before the pleadings have closed, this motion is imprope