August 8, 2018 / 11:37 PM / 9 months ago

9th Circuit creates split on standard for removing cases to federal court

A U.S. appeals court on Wednesday said that monetary thresholds that cases must meet to be removed from state to federal court include any future attorneys’ fees that plaintiffs would be due if they won.

A unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals rejected claims by a former truck driver for Swift Transportation Co of Arizona LLC that prospective attorneys’ fees are too speculative to be included in the “amount in controversy” required to a remove a case under various federal laws.

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