24 Cited authorities

St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,046 times 14 Legal Analyses
Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"
Lundy v. Catholic Health Sys. of Long Island Inc.
711 F.3d 106 (2d Cir. 2013) Cited 955 times 10 Legal Analyses
Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim
Pruell v. Caritas Christi
678 F.3d 10 (1st Cir. 2012) Cited 175 times 2 Legal Analyses
Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim
Spielman v. Genzyme Corp.
251 F.3d 1 (1st Cir. 2001) Cited 233 times
Holding that attorney's fees may be included in "the amount-in-controversy determination . . . when a statute mandates or allows payment of the fees"
Amoche v. Guarantee Trust Life Ins. Co.
556 F.3d 41 (1st Cir. 2009) Cited 176 times 7 Legal Analyses
Holding in a CAFA case that it would review for clear error “that portion of the district court's assessment of subject matter jurisdiction composed of factual findings,” and would review de novo its “ultimate assessment of jurisdiction”
Stewart v. Tupperware Corp.
356 F.3d 335 (1st Cir. 2004) Cited 83 times
Holding that plaintiffs who suffered injuries that resulted in permanent impairment to their total bodily functions and mental anguish could potentially recover more than $75,000 each
Gwyn v. Wal-Mart Stores, Inc.
955 F. Supp. 44 (M.D.N.C. 1997) Cited 100 times
Recognizing that "[i]n trying to settle a claim, counsel naturally will try to inflate its value"
Richard C. Young Co., Ltd. v. Leventhal
389 F.3d 1 (1st Cir. 2004) Cited 51 times 1 Legal Analyses
Holding forum-selection clauses arbitrable
Youtsey v. Avibank Manufacturing, Inc.
734 F. Supp. 2d 230 (D. Mass. 2010) Cited 32 times
Ruling that the parties' unsupported estimates of attorneys fees were too speculative to establish an amount in controversy in excess of the jurisdictional threshold
Rosario Ortega v. Star-Kist Foods, Inc.
370 F.3d 124 (1st Cir. 2004) Cited 38 times
Holding that a plaintiff who required surgery, had to attend physical therapy and wear a cast, had a scar, and was diagnosed with a permanent physical impairment could potentially recover more than $75,000
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,308 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,373 times 134 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 149:148 - Payment of wages; commissions; exemption by contract; persons deemed employers; provision for cashing check or draft; violation of statute
Mass. Gen. Laws ch. 149 § 148 Cited 509 times 29 Legal Analyses
Providing that "any employee discharged from [his] employment shall be paid in full on the day of his discharge"

Huston v. FLS Language Centres et al

24 Cited authorities

Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim

Holding a simple statement that plaintiffs worked more than forty hours per week was inadequate to establish a FLSA claim where the complaint lacked examples or estimates of unpaid time to substantiate the claim

Holding that attorney's fees may be included in "the amount-in-controversy determination . . . when a statute mandates or allows payment of the fees"

Holding in a CAFA case that it would review for clear error “that portion of the district court's assessment of subject matter jurisdiction composed of factual findings,” and would review de novo its “ultimate assessment of jurisdiction”

Holding that plaintiffs who suffered injuries that resulted in permanent impairment to their total bodily functions and mental anguish could potentially recover more than $75,000 each

Recognizing that "[i]n trying to settle a claim, counsel naturally will try to inflate its value"

Holding forum-selection clauses arbitrable

Ruling that the parties' unsupported estimates of attorneys fees were too speculative to establish an amount in controversy in excess of the jurisdictional threshold

Holding that a plaintiff who required surgery, had to attend physical therapy and wear a cast, had a scar, and was diagnosed with a permanent physical impairment could potentially recover more than $75,000

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Providing that "any employee discharged from [his] employment shall be paid in full on the day of his discharge"