Pleading Requirements: HB 1011 (2013)
Clarifies that “every pleading demanding relief for damages in money
Clarifies that “every pleading demanding relief for damages in money in excess of the amount required for diversity jurisdiction shall, without demined any specific amount of money, set forth only that the amount sought as damages is in excess of the amount required for diversity jurisdiction, except in actions sounding in contract. Every pleading demanding relief for damages in an amount of that required for diversity jurisdiction or less shall specify the amount of such damages sought to be recovered. Further clarifies that “if the amount of damages sought to be recovered is less than the amount required for diversity jurisdiction, the defendant may file, for purposes of establishing diversity jurisdiction only, a Motion to Clarify Damages prior to the pretrial order to require the plaintiff to show by a preponderance of evidence that the amount of damages, if awarded, will not exceed the amount required for diversity. If the court finds that any damages awarded are more likely than not to exceed the amount of damages required for diversity jurisdiction, the plaintiff shall amend his or her pleadings in conformance with the law.
View all news
Florida Lawmakers Pass Landmark Legal Reform
HB 837 heads to Governor’s desk
Transparency in Tort Reform
This letter-to-the-editor was originally published by the Tampa Bay Times in response to their March 13, 2023 article “Florida lawmakers want to help insurance companies by limiting lawsuits.“ The “tort […]
The 3rd Circuit’s bankruptcy gift to the trial bar
Our civil justice system is intended to resolve issues among parties & provide clarity on the law. But in this situation, the 3rd Circuit failed to do either.
Florida Lawsuit Abuse Reform Prioritized by Governor and Legislative Leaders
American Tort Reform Association leads on advocating for transparency in damages in civil cases
A Time for Choosing at the National Association of Attorneys General
This op-ed was originally published by Real Clear Policy. There’s a growing chorus of criticism against the National Association of Attorneys General (NAAG) for the organization’s perceived political bias and […]
Lawyers Win Big From J&J Bankruptcy Decision
Over 40,000 claimants have been relegated to an overburdened and inefficient civil justice system.