Please ensure Javascript is enabled for purposes of website accessibility

Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding

North Carolina Lawyers Weekly Staff//February 21, 2012//

Home>Civil Practice>

Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding

Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding

North Carolina Lawyers Weekly Staff//February 21, 2012//

Listen to this article

Hardig v. Certainteed Corp. (Lawyers Weekly No. 12-04-0202, 4 pp.) (Graham C. Mullen, J.) 3:11-cv-00535; W.D.N.C.

Holding: Even if the plaintiff class were limited to the 501 homes in the Fieldstone Farms subdivision in Indian Trail, the materials alone for replacing the allegedly defective siding would cost $4,000 per home, and plaintiffs seek treble damages under the N.C. Unfair and Deceptive Trade Practices Act; therefore, the amount in controversy for the materials alone exceeds $6 million.

Plaintiffs’ proposed class consists of more than 100 members, the parties are diverse, and the amount in controversy exceeds $5 million. Therefore, this court has jurisdiction over this action pursuant to the Fairness Act of 2005. Plaintiffs’ motion to remand to state court is denied.

Related Content

Civil Practice – Patient Safety Act – Medical Malpractice Discovery

We clarified limits of overlapping federal and state privileges in medical malpractice discovery, holding that[...]

April 28, 2026

Civil Practice – Subject Matter Jurisdiction – Long-Running School-Funding Litigation

The trial court lacked subject matter jurisdiction because the case had evolved from district-specific claims [...]

April 28, 2026

Civil Practice – Voluntary Dismissal – Motion to Enforce Settlement

The trial court properly exercised its discretion in denying relief under Rule 60(b)(6) for a voluntary dismis[...]

April 6, 2026

Civil Practice – Order to Enforce – Motion to Amend

Where Plaintiffs failed to timely appeal the Order to Enforce, we do not have jurisdiction to review that port[...]

March 28, 2026

Civil Practice – Limited Receiver – Modification of a Temporary Restraining Order

Defendants abandoned their argument asserting the trial court erred by modifying the TRO to extend beyond the [...]

March 28, 2026

Civil Practice – Forum Selection Clause – Federal Arbitration Act

The arbitration forum-selection clause in this case is mandatory and not merely permissive. Therefore, the tri[...]

March 24, 2026


Top Legal News

See All Top Legal News

The Power List

Commentary

See All Commentary