In an action for personal injury or wrongful death, the amount of money damages
demanded shall not be stated in the petition, original notice, or any counterclaim or
cross-petition. However, a party filing the petition, original notice, counterclaim, or
cross-petition shall certify to the court that the action meets applicable jurisdictional
requirements for amount in controversy.
[C77, 79, 81, §619.18]
86 Acts, ch 1211, §37
\n
Notes of Decisions
McCorkindale v. Am. Home Assurance Co./A.I.C., 909 F. Supp. 646 (N.D. Iowa 1995).
· cites it 6× “This provision prohibits the plaintiff from providing in her complaint precisely the information this federal court might find most helpful to determining whether the case involves sufficient amount in controversy to support federal diversity jurisdiction.”
Berenger v. Frink, 314 N.W.2d 388 (Iowa 1982).
· cites it 4× “Plaintiff prayed for damages pursuant to section 619.18, The Code 1977. 1 The petition did not expressly seek punitive damages from any of the defendants although plaintiff alleged, inter alia, defendant hospital engaged in outrageous conduct with a reckless disregard of the…”
LaPree v. Prudential Fin., 385 F. Supp. 2d 839 (S.D. Iowa 2005).
· cites it 4× “at 365 (citing Iowa Code § 619.18 ). [In re Willis ] has great practical implications for plaintiffs.”
Adams v. Bank of Am., N.A., 317 F. Supp. 2d 935 (S.D. Iowa 2004).
· cites it 4× “403(1) (2003) (emphasis added); see also Iowa Code § 619.18 (2003) ("In an action for personal injury or wrongful death, the amount of money damages demanded shall not be stated in the petition .”
Halsne v. Liberty Mut. Grp., 40 F. Supp. 2d 1087 (N.D. Iowa 1999).
“A similar prohibition appears in iowa Code § 619.18. 2 . The “legal certainty" rule states that, when an amount in excess of the jurisdictional amount was originally pleaded, "if, from the face of the pleadings, it is apparent, to a legal certainty, that the plaintiff cannot…”
Nguyen v. Kautz, 125 F. Supp. 2d 364 (S.D. Iowa 2000).
· cites it 4× “It means that in Iowa, plaintiffs who want the 30-day time limit to begin running immediately must do one of two things: (1) state in their petition that the amount in controversy exceeds the federal jurisdictional requirement, if Iowa Code § 619.18 is interpreted to allow such…”
Salazar v. Tyson Foods, Inc., 985 F. Supp. 2d 996 (S.D. Iowa 2013).
· cites it 2× “Iowa Code § 619.18 states that “[i]n an action for personal injury or wrongful death, the amount of money damages demanded shall not be stated in the petition____However, a party filing the petition .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.