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Civil Procedure Keyed to Hazard
Exxon Mobil Corp. v. Allapattah Services, Inc.
Citation:545 U.S. 546, 125 S.Ct. 2611, 162 L.Ed.2d 502 (2005)
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The current case is a consolidation of two cases, based on a split among circuit courts. The first case was brought as a class action under Rule 23 by about 10,000 dealers (Plaintiffs) of the oil company Exxon Mobile against Exxon Mobile (Defendants) in the District Court for the Northern District of Florida for a scheme to overcharge fuel. Some, but not all, Plaintiffs met the amount in controversy requirement for diversity jurisdiction. The second case was brought by a nine-year-old and her family (Plaintiffs) against Star-Kist (Defendant) in the District Court for the District of Puerto Rico. The girl sued for injuries received from one of the Defendant’s tuna cans, and her family joined the suit under Rule 20 seeking damages for emotional distress and medical expenses. The girl, but not her family, met the amount in controversy requirement for diversity jurisdiction.
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