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Case Number: 4:21-cv-01054-SRC
Judge: Stephen R. Clark
Court: United States District Court for the Eastern District of Missouri (St. Louis County)
Defendant's Attorney: Nikki Eckland Cannezzaro
Description: St. Louis, Missouri insurance law lawyer represented Plaintiff, who sued Defendant on a breach of insurance contract theory.
This case was initially filed in the Circuit Court of the City of St. Louis, 2122-CC08862, and was removed to federal court by the Defendant.
Outcome: MEMORANDUM AND ORDER OF REMAND: Even assuming Nationwide can show by a preponderance of the evidence that Lindsey's damages could plausibly exceed $75,000, Lindsey's binding judicial admissions make it a legal impossibility under Missouri law for her to recover more than $75,000 in state court. Consequently, Lindsey's damages do not meet the amount in controversy requirement, and the Court lacks subject-matter jurisdiction. Accordingly, the Court grants Lindsey's 7 Motion to Remand, and, pursuant to 28 U.S.C. § 1447(c), orders the Clerk of Court to mail a certified copy of this order of remand to the clerk of the state court. (remark: copy of certified order and docket sheet mailed to Circuit Court of the City of St. Louis.) Signed by District Judge Stephen R. Clark on 10/27/2021. (LNJ) (Entered: 10/27/2021)