Business Law Cases1 - Whitev.FCIUSA ,FifthCircuit,2003 319F.3d672 I.FACTS OnMarch29,2001,,againstherformer employer,thedefendantFCIUSA,Inc.
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White v. FCI USA
United States Court of Appeals, Fifth Circuit, 2003
319 F.3d 672
On March 29, 2001, Regina White brought suit in a Texas state court, against her former
employer, the defendant FCI USA, Inc. for wrongful termination because she did not
perform illegal acts. She sought punitive damages, attorneys' fees, prejudgment interest,
court costs, and compensatory damages for lost pay, lost fringe benefits, loss of wage
earning capacity, harm to her credit and credit reputation, and mental anguish and
emotional distress. She did not specify how much monetary relief she was seeking. On
May 25, 2001, FCI sought to remove the case to a federal district court on the basis of
diversity asserting that the amount in controversy exceeded $75,000. White filed a
petition opposing removal.
Whether the case was moved to a federal district court? NO
State Court; District court.
White spoke on the basis of an assumption that the amount will exceed $75,000. She
never specified it which is what the court wanted to hear. She also failed to timely
contest the removal with a sworn, unrebutted affidavit indicating that the requisite
amount in controversy was not present
V. Rule of Law
Concurrent federal jurisdiction occurs in a civil court when there is a diversity of
citizenship and the amount in controversy exceeds $75,000. White could not prove that
the amount in controversy exceeded $75,000 which led to the district court’s decision
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World-Wide Volkswagen Corp. v. Woodson
Supreme Court of the United States, 1980
444 U.S. 286, 100 S.Ct. 559, 62 L.Ed.2d 490
Harry and Kay Robinson purchased a new Audi automobile from Seaway Volkswagen,
Inc. Seaway in Massena, New York. They left for a new home in Arizona but had resided
in Newyork for years. On their way through Oklahoma, their car was struck by another
car causing fire that severely burned Kay and her two children. The Robinsons brought a
products-liability suit in the District court in Oklahoma, claiming that their injuries
resulted from the defective design of the Audi gas tank and fuel system. The defendants
were (Audi) the manufacturer, (World-Wide Volkswagen Corp.) the regional distributor,
and (Seaway) the retail distributor. The Oklahoma Supreme Court upheld the assertion
of state jurisdiction, and World-Wide Seaway appealed.
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This note was uploaded on 02/20/2012 for the course H/A 121 taught by Professor Alamo during the Spring '12 term at Morgan.