Circuit split · civil procedure

Whether the amount in controversy for federal diversity jurisdiction may be measured from the viewpoint of either party (the 'either viewpoint rule') or only from the plaintiff's viewpoint

1 federal appellate case on this question, each acknowledging the disagreement in its own words.

Olden v. LaFarge Corp.383 F3D 495
Sixth Circuit Court of Appeals · September 7, 2004
“Unfortunately, there is a circuit split as to whether a court may determine the amount in controversy from the perspective of either party (the "either viewpoint rule”) or whether a court may only consider the plaintiff's viewpoint.” — Acknowledges a circuit split
Empirical analysis of this case →

The other side of the split

Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.

On the other side · 9th Cir.In re: Ford Motor Co./Citibank264 F.3d 952
“See, e.g., In re: Ford Motor Co./Citibank, 264 F.3d 952 , 958 (9th Cir.2001) (applying the "either viewpoint rule”); In re Brand Name Prescription Drugs Antitrust Litig., 123 F.3d 599 , 609 (7th Cir.1997) (same); Oklahoma Retail Grocers Ass'n v.” — Olden v. LaFarge Corp., acknowledging the split
On the other side · 7th Cir.In re Brand Name Prescription Drugs Antitrust Litig.123 F.3d 599
“See, e.g., In re: Ford Motor Co./Citibank, 264 F.3d 952 , 958 (9th Cir.2001) (applying the "either viewpoint rule”); In re Brand Name Prescription Drugs Antitrust Litig., 123 F.3d 599 , 609 (7th Cir.1997) (same); Oklahoma Retail Grocers Ass'n v.” — Olden v. LaFarge Corp., acknowledging the split
On the other side · 10th Cir.Oklahoma Retail Grocers Ass'n v. Wal-Mart Stores, Inc.605 F.2d 1155
On the other side · 1st Cir.Williams v. Kleppe539 F.2d 803
On the other side · D.C.Cir.Tatum v. Laird444 F.2d 947
On the other side · 5th Cir.Garcia v. Koch Oil Co. of Tex., Inc.351 F.3d 636
On the other side · 11th Cir.Ericsson GE Mobile Communications, Inc. v. Motorola Communications & Elecs., Inc.120 F.3d 216
On the other side · 8th Cir.Massachusetts State Pharm. Ass'n v. Fed. Prescription Serv., Inc.431 F.2d 130
“See, e.g., In re: Ford Motor Co./Citibank, 264 F.3d 952 , 958 (9th Cir.2001) (applying the "either viewpoint rule”); In re Brand Name Prescription Drugs Antitrust Litig., 123 F.3d 599 , 609 (7th Cir.1997) (same); Oklahoma Retail Grocers Ass'n v.” — Olden v. LaFarge Corp., acknowledging the split
DiscussedGlenwood Light & Water Co. v. Mutual Light, Heat & Power Co.239 U.S. 121
DiscussedSherwood v. Microsoft Corp.91 F.Supp.2d 1196
Discussed · 6th Cir.Lodal, Inc. v. Home Ins. Co. of Ill.156 F.3d 1230
Discussed · 6th Cir.Sellers v. O'Connell701 F.2d 575
Discussed · 6th Cir.Goldsmith v. Sutherland426 F.2d 1395

What the split turns on

Doctrines & tests:: either viewpoint rule ·; plaintiff's viewpoint rule

Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.