Defendant's Attorney:

Description: Charleston, West Virginia consumer law lawyer represented Plaintiff, who sued Defendants on a violation of the West Virginia Consumer Credit Protection Act (WVCCPA).

This case was filed in the Circuit Court, Kanawha County, West Virginia, 21-C-539, and was removed to federal court by Defendant.

Plaintiff sought remand.


Diversity jurisdiction exists when (1) the “matter in controversy exceeds the sum or value of $75, 000, ” and (2) if controversy arises between “citizens of different States.” 28 U.S.C. § 1332(a). Here, the parties agree that there is diversity of citizenship. Therefore, I will focus my analysis on the amount in controversy.


When the plaintiff has made a settlement demand, the court can use that demand as evidence of the amount in controversy. Scaralto v. Ferrell, 826 F.Supp.2d 960, 964 (S.D. W.Va. 2011) (collecting cases). When the plaintiff's settlement demand exceeds $75, 000, it “should be treated as the amount in controversy, unless the plaintiff shows that to a legal certainty he cannot recover over $75, 000.” Id. at 969.

Outcome: Denied.

Plaintiff's Experts:

Defendant's Experts:

Comments: