Monday, February 05, 2007

Too old to be in this Court (or not old enough): The Texas Supreme Court issued an opinion today in United States Automobile Association v. Brite discussing jurisdictional amounts for an age discrimination case filed in a county court of law -- more specifically, whether jurisdiction should be calculated by an amount in controversy based on what the plaintiff seeks to recover or whether the amount in controversy should be calculated without including damages that are uncertain in time and duration (such as future pay). Justice Medina, writing for a unanimous panel, issued this opinion holding that "amount in controversy" includes all damages the plaintiff seeks to recover at the time the suit is filed, regardless of whether such damages are uncertain in time and duration.