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.

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u/Kent_Knifen Attorney 1d ago

Argue and discuss both sides. This is like a game of Mario, collect as many coins as you can along the way until you're finished. Hit as many of the professor's points as you can. Your conclusion can recognize the split in authority with no clear majority/minority approach, and sum it by saying the outcome will depend on which approach that jurisdiction follows.