By: Sheila M. Burke, Esquire

The Honorable Judge Nora Barry Fischer of the Western District of Pennsylvania remanded the matter of Brewer vs GEICO (No. 13-1809 (W.D.Pa Jan. 22, 2014 Fischer, J.) (mem.), back to state court due to the Defendant’s failure to establish that the amount in controversy was greater than $75,000. The Defendant removed the case on the basis that the Plaintiff’s bad faith claim could exceed $75,000. However, the Plaintiff offered to stipulate the all the claims would not exceed $75,000, but Defendant refused to accept Plaintiff’s proposed stipulation.

Ultimately, the Court decided that the Defendant’s averment that the amount in controversy exceeded $75,000 was not enough. The Judge decided that the Defendant failed to establish that the case was worth $60,000, let alone $75,000. Therefore, removal was ruled improper and the case remanded. For a link to the opinion, click here.

Any questions on this case or any other Auto Liability matters contact Sheila Burke at This email address is being protected from spambots. You need JavaScript enabled to view it.