United States Court of Appeals<\/strong> for the Sixth Circuit: “The penny is easily the most neglected piece of U.S. currency. Pennies tend to sit at the bottom of change jars or vanish into the cracks between couch cushions. Vending machines and parking meters will not accept them. Many people refuse to bend down to pick up a penny off the ground, deeming the reward not worth the effort. And a member of Congress even introduced legislation that would effectively eliminate the penny by requiring merchants to round their prices to the nearest nickel.”<\/p>\nHowever, the penny has became very important in a recent Appeal<\/strong> of a personal injury and death<\/strong> case involving a motor vehicle accident<\/strong> in Ohio.\u00a0 The Estate of a deceased husband and wife sued Liberty Mutual Fire Insurance Co. over Uninsured\/Underinsured (UM\/UIM) Motorists coverage.\u00a0 The lawsuit alleged that under a recent Ohio State Supreme Court decision the Uninsured Motorists coverage amount should have been $100,000.00 instead of $25,000.00.<\/p>\nRemoval from State Court to Federal Court – Certain Requirements Must Be Met<\/h2>\n
Liberty Mutual removed the lawsuit<\/strong> from the Ohio State Court to the Federal District court based upon the “diversity” of the litigants provision. Article III of the Constitution<\/strong> authorizes federal jurisdiction in all controversies where the parties are \u201ccitizens of different states.\u201d U.S. Const. art. III, \u00a7 2.<\/p>\nAmount in Controversy Must be at Least $75,000.01<\/h3>\n
The U.S. District Court<\/strong> granted Liberty Mutual’s Motion for Summary Judgment<\/strong>, and the Plaintiffs appealed.\u00a0 However, when the lawsuit<\/strong> was considered by the Court of Appeals it was dismissed<\/strong>.\u00a0 The diversity provision of the Constitution is limited by Congress.\u00a0 In order for the Federal Court to consider a case which involves only state law, and no federal question is presented, the amount in controversy between the parties must be more than $75,000.00<\/strong>.<\/p>\nIn this case, the disputed amount is exactly $75,000.00 — Liberty Mutual claims the Uninsured Motorists coverage amount is $25,000.00 the Plaintiffs claim $100,000.00 is the correct amount.\u00a0 The difference or amount in controversy equals exactly $75,000.00 which is not more than $75,000.00.<\/p>\n
The Court held that the jurisdictional provision requires that the amount in controversy in any lawsuit must exceed $75,000.00 exclusive of court costs, and other legal fees.\u00a0 If the amount was $75,000.01<\/strong> the Court would have jurisdiction to hear the case.\u00a0 Accordingly, the case was dismissed from the Federal Court because of one little insignificant penny<\/em>. <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"The U.S. penny thought by many to be quite insignificant, has been redeemed, at least a little, A recent decision by the United States Court of Appeals in the Sixth Circuit placed a high value ion the penny and dismissed a lawsuit because the amount in dispute was a penny shy of the amount required. Read More →<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","ghostkit_customizer_options":"","ghostkit_custom_css":"","ghostkit_custom_js_head":"","ghostkit_custom_js_foot":"","ghostkit_typography":"","footnotes":""},"categories":[8,28],"tags":[53,71,74,96,105,106,159,208,216,219,220,231,255,260,329],"yst_prominent_words":[1589,1582,1578,1529,1585,1583,1584,1588,1581,1461,1590,1580,1523,1579,1586,1587,1495,1524,1520,1577],"class_list":{"0":"entry","1":"post","2":"publish","3":"author-admin","4":"has-excerpt","5":"post-695","7":"format-standard","8":"category-civil-litigation","9":"category-off-beat","10":"post_tag-attorney-at-law","11":"post_tag-bodily-injury","12":"post_tag-car-accident","13":"post_tag-constitution","14":"post_tag-court","15":"post_tag-court-of-appeals","16":"post_tag-federal-court","17":"post_tag-jurisdiction","18":"post_tag-law","19":"post_tag-lawsuit","20":"post_tag-lawyer-legal-professional","21":"post_tag-legal-rights","22":"post_tag-penny","23":"post_tag-personal-injury","24":"post_tag-uninsured-motorists-coverage"},"featured_image_src":null,"author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false,"hoot-small-preview":false,"hoot-large-preview":false,"hoot-medium-preview":false,"hoot-wide":false,"hoot-extra-wide":false,"hoot-boxcontent":false},"uagb_author_info":{"display_name":"Todd Couvillon","author_link":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/author\/admin\/"},"uagb_comment_info":1,"uagb_excerpt":"The U.S. penny thought by many to be quite insignificant, has been redeemed, at least a little, A recent decision by the United States Court of Appeals in the Sixth Circuit placed a high value ion the penny and dismissed a lawsuit because the amount in dispute was a penny shy of the amount required.…","_links":{"self":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/695","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/comments?post=695"}],"version-history":[{"count":0,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/posts\/695\/revisions"}],"wp:attachment":[{"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/media?parent=695"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/categories?post=695"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/tags?post=695"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/purplelawfirm.com\/law-and-you-chattanooga\/wp-json\/wp\/v2\/yst_prominent_words?post=695"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}