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.