I'm with Thomas and the bees on this one - the answer is a fish. It seems like a too-good-to-be true answer but it makes more sense if you think about it. Damages demanded in complaints are like a sticker price and usually start out much higher than is ever actually awarded or settled. $75k might be a lot of money to us, but not to a federal judge. They'd swat it away.
Continuing down the list:
A - Service was arguably improper but the Defendant waived her personal jurisdiction challenge when she filed an Answer before moving to dismiss.
C - Doesn't make sense because it relates to whether a state court (not federal court) has jurisdiction over a defendant - and either way, Defendant waived that argument by answering instead of removing or moving to dismiss first.
D - Diversity jurisdiction does not require the incident to have occurred in the state in which the district court is located. D might be true if this had been filed in State A's state court.
John Brown did nothing wrong
2022-06-10 18:08:38 +0000 UTC