Hirsch v. Jewish War Veterans of United States
Decision Date | 31 March 1982 |
Docket Number | Civ. A. No. 81-5041. |
Citation | 537 F. Supp. 242 |
Parties | Paul HIRSCH, et al. v. JEWISH WAR VETERANS OF the UNITED STATES of America, et al. |
Court | U.S. District Court — Eastern District of Pennsylvania |
Norris E. Gelman, Gelman & Webster, Philadelphia, Pa., for plaintiffs.
Jack Litz, Philadelphia, Pa., for defendants.
This case stems from dissension in the ranks of the Jewish War Veterans JWV which resulted in the initiation of "court martial" proceedings by the JWV against 13 of its members. In an attempt to enjoin the JWV court from taking any action against them, the 13 dissident members initiated proceedings in the Court of Common Pleas of Philadelphia County, Pennsylvania, against the JWV, its officers, two individual members and their attorney. Plaintiffs moved for a preliminary injunction and requested punitive damages for defendants' "improper, illegal and malicious conduct". The Pennsylvania court granted plaintiffs' request for a preliminary injunction, which temporarily stayed the court martial proceeding; it did not rule upon the propriety of the claim for punitive damages. Pursuant to 28 U.S.C. § 1441(a) and § 1446(a), the defendants removed the case to this court, predicating jurisdiction on diversity of citizenship, 28 U.S.C. § 1332(a).1
Before me now is plaintiffs' petition, pursuant to 28 U.S.C. § 1447(c), to remand this matter to the Pennsylvania court for lack of federal jurisdiction. Although plaintiffs concede that complete diversity exists, they contend that the amount in controversy does not meet the jurisdictional requirement of $10,000.
It is settled in the Third Circuit that the right of removal is decided by the pleadings, viewed as of the time when the petition for removal is filed. Albright v. R. J. Reynolds Tobacco Co., 531 F.2d 132 (3rd Cir. 1976) cert. denied, 426 U.S. 907, 96 S.Ct. 2229, 48 L.Ed.2d 832 (1976). Unless it appears to a legal certainty that the claim set forth in plaintiffs' pleadings is for less than the jurisdictional amount, the amount in controversy requirement will be deemed to be satisfied. St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S. 283, 288-289, 58 S.Ct. 586, 590, 82 L.Ed. 845 (1938); Mt. Healthy City School Dist. Bd. of Education v. Doyle, 429 U.S. 274, 276, 97 S.Ct. 568, 570, 50 L.Ed.2d 471 (1977); Culbreth v. Simone, 511 F.Supp. 906, 911 (D.C.E.D.Pa.1981). Where, as here, injunctive relief is sought, the amount in controversy is measured by the value of the interest to be protected by the equitable relief requested. See e.g. Spock v. David, 469 F.2d 1047 (3rd Cir. 1972); Gatter v. Cleland, 87 F.R.D. 66 (D.C. E.D.Pa.1980); Redevelopment Authority v. City of Hope National Medical Center, 383 F.Supp. 813 (D.C.E.D.Pa.1974). Absolute certainty in valuation is not required. Redevelopment Authority, supra, 383 F.Supp. at 815.
In their motion for preliminary injunction, plaintiffs alleged that the institution of the JWV court martial proceedings caused injury to their reputations, and that the continued maintenance of the proceeding would threaten their reputations with further irreparable harm. Complaint ¶ 22. Moreover, it appears that the court martial proceedings could result, inter alia, in plaintiffs' dishonorable discharge from membership in the JWV, in their removal from office, in the imposition of fines,2 or in forfeiture of any and all ranks held by them in that organization. Affidavit of Harris B. Stone, National Executive Director of JWV.
Although the protection of plaintiffs' respective interests in avoiding these results is difficult to value, such difficulty does not preclude a finding that the protected interest satisfies the amount in controversy requirement. See, e.g., Illinois v. City of Milwaukee, 406 U.S. 91, 92 S.Ct. 1385, 31 L.Ed.2d 712 (1972) ( ); Weintraub v. Rural Electrification Administration, 457 F.Supp. 78 (D.C.M.D.Pa.1978) ( ); Nguyen Da Yen v. Kissinger, 70 F.R.D. 656 (D.C.N.D.Cal.1976) ( ); but see United States Jaycees v. Superior Court of District of Columbia, 491 F.Supp. 579 (D.C.D.C.1980) ( ).
To continue reading
Request your trial-
Piccoli a/S v. Calvin Klein Jeanswear Co.
... ... No. 98 Civ. 0040(LAK) ... United States District Court, S.D. New York ... September 8, ... ...
-
Drexel Burnham Lambert, Inc. v. Valenzuela Bock
...F.Supp. 269, 270 (M.D.La. 1986); Craig v. Congress Sportswear, Inc., 645 F.Supp. 162, 164 (D.Me.1986); Hirsch v. Jewish War Veterans of United States, 537 F.Supp. 242, 243 (E.D.Pa.1982); C. Wright, A. Miller & E. Cooper, Federal Practice & Procedure § 3725, at 423 (1985). There is no conten......
-
Hunter v. Greenwood Trust Co.
...by the equitable relief requested. See, e.g., Bryfogle v. Carvel Corp., 666 F.Supp. 730, 732 (E.D.Pa.1987); Hirsch v. Jewish War Veterans, 537 F.Supp. 242, 243 (E.D.Pa.1982); Handsome v. Rutgers University, 445 F.Supp. 1362, 1364-65 (D.N.J.1978); Chambers v. Klein, 419 F.Supp. 569, 576 (D.N......
-
Tap Publications v. Chinese Yellow Pages (New York)
... ... No. 95 Civ. 5043 (JGK) ... United States District Court, S.D. New York ... May 18, 1996 ... ...