Mueller v. Radioshack Corp.

3 Citing cases

  1. TallBear v. Soldi Inc.

    Case No. 19-CV-2789 (SRN/TNL) (D. Minn. May. 14, 2020)

    Courts must determine jurisdiction "at the time of removal, even though subsequent events may remove from the case the facts on which jurisdiction was predicated." McLain v. Andersen Corp., 567 F.3d 956, 965 (8th Cir. 2009) (quoting Quinn v. Ocwen Fed. Bank FSB, 470 F.3d 1240, 1248 (8th Cir. 2006)); Knudson v. Sys. Painters, Inc., 634 F.3d 968, 975 (8th Cir. 2011); Schubert v. Auto Owners Ins. Co., 649 F.3d 817, 822 (8th Cir. 2011) (emphasizing "[i]t is axiomatic that the court's jurisdiction is measured either at the time the action is commenced or, more pertinent to this case, at the time of removal"); Mueller v. RadioShack Corp., No. 11-cv-0653 (PJS/JJG), 2011 WL 6826421, at *1, n. 2 (D. Minn. Dec. 28, 2011) (denying remand and noting the "jurisdiction inquiry focuses on the claims made at the time of removal") (citing James Neff Kramper Family Farm P'ship v. IBP, Inc., 393 F.3d 828, 834 (8th Cir. 2005) (emphasis in original)). b. Federal-Question Jurisdiction

  2. Hillesheim v. Casey's Retail Co.

    Case No. 16-CV-0061 (PJS/FLN) (D. Minn. Jul. 6, 2016)   Cited 10 times
    Rejecting notion that plaintiff's plans to return to the defendant's facility were critical to standing, although finding them critical to whether the plaintiff might obtain injunctive relief

    But it is not legally impossible, and that is what matters. See, e.g., Mueller v. Radioshack Corp., No. 11-CV-0653 (PJS/JJG), 2011 WL 6826421, at *2 (D. Minn. Dec. 28, 2011) (collecting cases between 2008 and 2010 resolved at or before summary judgment in which attorney's fees ranged from $36,795.79 to $100,000).

  3. Ernst v. Geico Gen. Ins. Co.

    Civil No. 13-570 ADM/AJB (D. Minn. Jul. 10, 2013)   Cited 1 times

    Attorney's fees may also count toward the jurisdictional minimum, but only when those fees are authorized by statute, contract, or as some other matter of right. See Rasmussen v. State Farm Mut. Auto. Ins. Co., 410 F.3d 1029, 1030 (8th Cir. 2005); see also Mueller v. RadioShack Corp., No. 11-cv-0653, 2011 WL 6826421, at *1-2 & n.4 (D. Minn. Dec. 28, 2011). Ernst has not demonstrated how the damages alleged in the Complaint might actually amount to $75,000 or more. Ernst's claim for $50,000 in actual damages is unfounded. Ernst seeks $4,000 in lost wages from Geico due to his November 2011 accident.