Amending to Destroy Federal Jurisdiction

[David A. Szwak]

Again, this Court notes that the crucial point of inquiry in determining whether Defendant has met its burden in proving that the amount in controversy meets the jurisdictional minimum is the time of removal. Hood urges this Court to look to his affidavit, stipulation, and amended Complaint, all filed post-removal, and find that the amount in controversy requirement has not been fulfilled, thereby requiring remand to Circuit Court. However, the Seventh Circuit has noted that it follows the Supreme Court's holding in St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288, 58 S.Ct. 586, 82 L.Ed. 845 (1938), which held that jurisdiction is not stripped from the district court where, “the plaintiff after removal, by stipulation, by affidavit, or by amendment of his pleadings, reduces the claim below the requisite amount.â€