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United States Eighth Circuit


Advance Am. Servicing of Arkansas, Inc. v. McGinnis, 07-2770

In an action wherein plaintiff sought to compel arbitration of a dispute over a series of loan agreements, grant of motion to dismiss for lack of subject matter jurisdiction due to an inadequate amount-in-controversy to invoke diversity jurisdiction is affirmed where: 1) nothing in the record supported plaintiff's speculation that attorney's fees awarded by an arbitrator could possibly exceed $75,000 when the value of the disputed loan transactions was found by the district court to be below $1,000; and 2) arguments for potential grounds of damages recovery for emotional distress were unfounded.

Appellate Information

  • Decided 05/23/2008
  • Published 05/23/2008

Judges

  • MURPHY, Circuit Judge., Before MURPHY, BRIGHT, and BENTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Lewis Steven Wiener, argued, Phillip E. Stano, Washington, DC, Claire Shows Hancock, Gary D. Marts, Jr., on the brief, Little Rock, AR, for appellant.

  • For Appellees:
  • Christoper A. Averitt, argued, Jonesboro AR, Todd M. Turner, on the brief, Arkadelphia AR, for appellee.
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