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Werder v. Allstate Fire and Casualty Insurance Co.

Court: ND Tx  04/25/2024  TRCP 47 Statement of "$250,000 or Less" is Inadequate Jurisdictional Allegation in Notice of Removal

A magistrate of the Northern District of Texas found sua sponte that an insurer's notice of removal contained inadequate jurisdictional allegations where the notice's only basis for the amount-in-controversy requirement was that the insured's state court petition had pleaded "$250,000 or less" pursuant to Texas Rule of Civil Procedure 47, finding that such a pleading is for an indeterminate and unspecified amount of damages that might not exceed the required $75,000 jurisdictional threshold.

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