Civil Procedure Keyed to Rowe
JTH Tax, Inc. v. Frashier
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JTH Tax, Inc. (Freedom) (plaintiff) franchises tax preparation offices all through the nation. Harry Frashier (defendant) entered into a franchise agreement with Liberty in 2006. Liberty sued Frashier in federal court under its diversity jurisdiction, claiming infringement of post-termination provisions of the franchise agreement. Liberty's protest looked for $80,000.00 in damages and a permanent injunction requiring Frashier to consent to post-termination provisions. Liberty later documented a motion for summary judgment in which Liberty lessened its claim for money damages to $60,456.25. The district court at that point dismissed Liberty's grievance for its inability to meet the $75,000.00 amount-in-controversy requirement for diversity actions. Liberty appealed.
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