The Eye of the Beholder: a Defendant-Reliant Approach to Valuing Injunctive Relief for the Purposes of the Amount in Controversy Requirement

Jason E. Schwalm, University of Louisville

Abstract

This article examines a long standing Circuit court split concerning the valuation of injunctive relief for the purposes of diversity jurisdiction. Specifically, the note argues that the Sixth Circuit, as the last court to weigh in on this argument, should use the experience of the other circuits in creating a defendant-reliant approach to the valuation of injunctive relief. This approach would acknowledge the defendant-focused nature of injunctive relief and in doing so would reject both sides of the Circuit court split.