Beltran v. Select Portfolio Servicing, Inc.
(5:22-cv-00014)
District Court, W.D. Texas
JAN 10, 2022 | REPUBLISHED BY LIT: JAN 11, 2022
Feb 14, 2022; That was super-fast. 4 days after removal, the case is dismissed, with prejudice.
White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003);
“Additionally, in determining the amount in controversy, the court may consider attorney’s fees, penalties, statutory damages, mental anguish, harm to credit, and punitive damages.11”
Footnote 11
Manguno v. Prudential Prop. & Cas. Ins. Co., 276 F.3d 720, 723 (5th Cir. 2002)
(stating “If a state statute provides for attorney’s fees, such fees are included as part of the amount in controversy”);
St. Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998);
see Ray v. State Farm Lloyds, No. CIV.A.3:98- CV-1288-G, 1999 WL 151667, at * 2-3 (N.D. Tex. Mar. 10, 1999)
(finding a sufficient amount in controversy in plaintiffs’ case against their insurance company for breach of contract, fraud, negligence, gross negligence, bad faith.
Chittick v. Farmers Ins. Exch., 844 F. Supp. 1153, 1155 (S.D. Tex. 1994)
(finding a sufficient amount in controversy after considering the nature of the claims, the types of damages sought and the presumed net worth of the defendant in a claim brought by the insureds against their insurance company for actual and punitive damages arising from a claim they made for roof damages).
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