Legal Question in Civil Litigation in Pennsylvania

Subject matter jurisdiction of Delaware Corporation

Can a contract dispute with a Delaware Corporation (amount $75,000) be filed in a State Court?


Asked on 11/04/08, 8:06 pm

2 Answers from Attorneys

Maxwell S. Kennerly The Beasley Firm

Re: Subject matter jurisdiction of Delaware Corporation

Sure, but the case might still be 'removed' by the defendant based on diversity jurisdiction, because (I assume) you are a Pennsylvania resident and they are a Delaware resident.

$75,000 is right at the limit for removal -- to avoid it, you would have to show it was legally certain your claim would not exceed $75,000, which is hard unless your contract specifically says that or otherwise limits damages.

You should discuss the issue with an attorney for more information.

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Answered on 11/04/08, 8:27 pm

Re: Subject matter jurisdiction of Delaware Corporation

Yes, in Delaware because the company is incorporated there. It also could be filed other places where the company does business. Removal to federal court for a claim $75,000 or higher is possible, but not if the company is sued in its home state. I practice in both Pa. and Del.

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Answered on 11/05/08, 7:24 am


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