Briefing Boo-Boos

Sometimes I read an order, wince and then fervently hope a judge never writes something like that about a motion I file for a client. Smith v. Smith’s Food & Drug Ctrs., Inc., 2014 U.S. Dist. LEXIS 104237 (D. Nev. July 29, 2014) was one of those orders. Plaintiff filed a motion to remand from federal court arguing the minimum of $75,000 was not at issue. The judge was not persuaded.

Notably, plaintiff has never affirmatively stated that she is seeking less than $75,000 in connection with this lawsuit. If she wanted to avoid litigating her claim in federal court, she could have simply confirmed in writing that she would not seek in excess of $75,000.00. Her motion to remand is carefully crafted to avoid such an admission, and appears disingenuous (and borders on bad faith).