Has the Eleventh Circuit Set a New Standard for Federal Diversity Jurisdiction?

October 2, 2007

Kenneth J. Reilly, Frank Cruz-Alvarez

On April 11, 2007, the Eleventh Circuit Court of Appeals issued its decision in Lowery v. Alabama Power Co. Unless it is withdrawn or revised, Lowery may signifi cantly delay a defendant’s ability to remove a case to federal court absent a “clear statement” by the plaintiff establishing the necessary jurisdictional amount
in controversy....

Has the Eleventh Circuit Set a New Standard for Federal Diversity Jurisdiction?