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198014P.pdf   09/17/2019  Massage Envy Franchising  v.  Mark Pirozzi
   U.S. Court of Appeals Case No:  19-8014
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Loken, Author, with Shepherd and Grasz, Circuit Judges] Civil case - Missouri Merchandising Practices Act. The district court erred when it remanded the case to state court because the amount in controversy did not exceed $5 million; defendant had plausibly alleged that more than that amount was in controversy and the punitive damages claimed in plaintiff's petition were sufficient to to raise the amount in controversy above the threshold; removal notice was not untimely because neither the initial nor the second amended petition disclosed an aggregate amount in controversy or permitted defendant to unambiguously ascertain that more than $5 million was in controversy; when defendant investigated and filed a notice of removal based on the results of its own amount-in-controversy investigation, the notice was not untimely.