Minnesota Law Review

Note, Diversity Jurisdiction and Injunctive Relief: Using “Moving-Party Approach” to Value the Amount in Controversy

A necessary requirement for federal diversity jurisdiction is that the amount in controversy exceeds $75,000. Injunctions, however, are not a sum certain, and courts often struggle to value this intangible form of relief for purposes of diversity jurisdiction. Further compounding this problem is the fact that injunctions often differentially impact the litigants—leaving courts uncertain as to the viewpoint from which to value the requested relief. One technique, termed the “plaintiff-viewpoint approach,” considers only the value of the injunction to the plaintiff when determining eligibility for diversity jurisdiction. Another method, the “either-party viewpoint,” assesses the value of the litigated object from the perspective of either the plaintiff or the defendant. The Note examines the circuit split surrounding these primary injunction valuation viewpoints and argues for adoption of a third technique, termed the “moving-party approach.”

The Note explains that the moving-party approach assesses the pecuniary value of the injunction to the plaintiff when assessing original jurisdiction and considers the defend­ant’s cost of compliance upon requests for removal. After examining the historical and theoretical basis for diversity jurisdiction, the Note outlines how the moving-party approach assesses the true value of the relief sought, while also amelio­rating in-state prejudices present in the plaintiff-viewpoint approach. Further, the Note explains that the moving-party approach comports with the well-pleaded complaint doctrine and extends federal diversity jurisdiction in a lesser fashion than the either-party viewpoint. The Note concludes with an explanation of how the Supreme Court or Congress could implement the moving-party approach for purposes of quantifying the diversity jurisdiction amount in controversy as it applies to injunctions.

:: View PDF

News & Events

  • Welcome

    For nearly one hundred years, the Minnesota Law Review has been a leader amongst academic legal publications. When Professor Henry J. Fletcher launched the journal in 1917, his goal was simple. It was to “contribute a little something to the systematic growth of the whole law.” Since then, the Law [...]

  • Minnesota Law Review Alum Remembered 45 Years After Death

    Minnesota Law Review alumnus Tom Cranna was honored at the Annual Banquet this Spring, 45 years after his death. Mr. Cranna was remembered for his contributions to the journal, the school, and the positive impact he had on his family and friends. The Devil’s Lake Journal published a memorial which [...]

  • Follow MLR on Twitter!

    The Minnesota Law Review is proud to announce that we are now on Twitter. Follow us @MinnesotaLawRev for information and updates concerning the petition period and deadlines, the opening and closing of article submissions, our 2014 Symposium: Offenders in the Community, and all other news concerning our authors and publications. [...]

  • Vol. 97 Lead Piece Cited in Al Jazeera Opinion Piece

    A recent Al Jazeera opinion piece that criticizes the Supreme Court’s Daimler decision cites to Volume 97′s lead piece, How Business Fares in the Supreme Court. You can read the Al Jazeera piece here. Share this: on Twitter on Facebook on Google+

  • Masthead for Volume 99 Board

    The masthead for the Board of Volume 99 of the Minnesota Law Review is now available. You can view the masthead here. Share this: on Twitter on Facebook on Google+


cforms contact form by delicious:days