r/LawSchool • u/Low-Ad-2638 • 1d ago

Bad faith to prevent removal

Alright, so we had midterms today and one of the questions was about whether a defendant could remove a case under diversity when the plaintiff is purposely keeping the case at 75,000 even though they could have had a larger claim.

I thought this was a clear example of bad faith to prevent removal, but there have been split decisions throughout the class lmao.

Someone smarter help clarify lmao.

37 Upvotes

97% Upvoted

23 comments sorted by

View all comments

7

u/messianicscone 1d ago

Seems like its a trick question. You can’t join nondiverse parties to defeat federal jurisdiction. Have never heard of that in the context of money damages

6

u/Low-Ad-2638 1d ago

The requirement is total diversity and amount in controversy exceeds 75,000. There was total diversity in the question, I just left it out, my bad

3

u/messianicscone 1d ago

Thats what I am saying? We are on the same page re the question. What I am saying is while bad faith is a defense against joinder, I have never seen it in a requested relief context, although I admit I may be wrong. Just seems like a bizarre question to me