When will attorney's fees be deducted from the amount in controversy for removal under the diversity jurisdiction statute?

MultiRegion, United States of America

The following excerpt is from Alvarado v. Home Depot United Statesa., Inc., Case No.: 18cv611-MMA (NLS) (S.D. Cal. 2018):

removal for purposes of the diversity jurisdiction statute, and the decisions of the district courts are split on the issue. See, e.g., Davis v. Staples Inc. et al., No. CV 13-8937 FMO, 2014 WL 29117 (C.D. Cal. Jan. 3, 2014) (noting courts are split as to whether only attorney's fees that have accrued at the time of removal should be considered in calculating the amount in controversy, or whether the calculation should take into account fees likely to accrue over the life of the case).

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