In negligence and punitive damages lawsuits filed in North Carolina’s state courts ”the pleadings shall not state the demand for monetary relief, but shall state that the relief demanded is for damages to be incurred in excess of $10,000.” Rule 8 NCRCP
It’s also clear that in order to remove a case filed in state court to federal court under diversity jurisdiction the amount in controversy must be in excess of $75,000 and you must remove it within 30 days. 28 USC 1332.
But when does the 30 days start since the Complaint doesn’t reveal that the amount in controversy is over $75,000?
What about pre-suit settlement talks that may reveal the $75,000 threshold? No, says the Western District of NC in Hall v. Hillen
Well, what about the subjective beliefs of defendant? Again, no says Hall v. Hillen.
Instead, in Hall, the 30 day clock for defendant started ticking when plaintiff gave a $175,000 response to defendant’s request for statement of monetary relief sought. Defendant then timely removed, nearly 4 months after the Complaint was filed, but 9 days after receiving the $175,000 statement.
The Court also held that answering the complaint, serving discovery and serving a $20,001 offer of judgment did not waive the defendant’s ability to send the case to federal court.
