Commercial Litigation and Arbitration

Diversity — Are Attorney’s Fees That Are Anticipated But Not Yet Accrued at the Time of Removal Considered in Determining the Amount in Controversy? — Caselaw Split

Sevilla v. Life Care Ctrs. of Am., Inc., 2015 U.S. Dist. LEXIS 153459 (C.D. Cal. Nov. 12, 2015):

1   Moreover, Courts in the Ninth Circuit are split as to whether attorneys' fees which are anticipated but have not yet accrued at the time of removal should be calculated in determining amount in controversy. See Reames v. AB Car Rental Serv., 899 F.Supp.2d 1012, 1020 (D. Ore. 2012) (collecting cases). The Court need not address which side of that split it falls on, because Defendant has not offered even a bare guess as to what attorneys' fees might be in this case.

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