Mueller v. RadioShack Corp., No. 11-CV-0653 PJS/JJG, 2011 WL 6826421, at *3 (D. Minn. Dec. 28, 2011).
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).
While the Eighth Circuit has not yet addressed the issue, the majority of district courts within this circuit have held that attorney fees incurred post-removal are includable in the amount in controversy calculation so long as they are reasonable.Houston, Dickerson & Dickerson, Inc. v. Nationwide Prop. & Cas. Ins. Co., No. 13-2125, 2013 WL 3381078, at *2 (W.D. Ark. July 8, 2013) ("Taking into consideration fees for services already rendered together with a reasonable estimate of fees for services to be performed throughout the remainder of the legal proceedings, it is reasonable to conclude the amount in controversy will exceed $75,000.00."); Mueller v. RadioShack Corp., No. 11-CV-0653 PJS/JJG, 2011 WL 6826421, at *2 (D. Minn. Dec. 28, 2011) ("The Court will therefore take into account Mueller's likely future attorney's fees for purposes of determining the amount in controversy."); Feller v. Hartford Life & Acc. Ins. Co., 817 F. Supp. 2d 1097, 1104 (S.D. Iowa 2010) ("After reviewing the various conclusions of other courts, this Court finds that it is rational to include the future legal expenses in calculating the amount in controversy.