The United States District Court for the Southern District of Florida will
not consider the defendant's counterclaim in determining the amount
in controversy requirement in the context of removal jurisdiction based
On October 20, 2014, Alex Rosenthal, Esq. and Amanda Jassem Jones, Esq.
of Rosenthal Law Group, representing Design Center of the Americas, LLC
were successful in remanding a lawsuit back to state court while simultaneously
making precedential law within the United States District Court Southern
District of Florida.
Prior to the case of
Design Center of the Americas, LLC v. Mike Bell, Inc., 2014 WL 5343630, there were no known published cases within the Southern
District of Florida that had dealt with whether a District Court can consider
the amount alleged in a counterclaim to support diversity jurisdiction.
While the issue had been addressed by other courts in other jurisdictions
including the Middle District of Florida and the Northern District of
Florida, the issue remained unanswered in the Southern District until the
Design Center of the Americas case.