DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.