In January of 2014, the United States District Court for the Western District of Kentucky heard a case where the female employee was pregnant and alleges she was terminated based on her pregnancy. (See Palmore v. Service Management Systems, Inc., 2014 WL 51232 (W.D. Ky. 2014)). The plaintiff began working for the defendant in October of 2009. She is an African-American female. Id. She alleges she told the defendant that she was pregnancy. Plaintiff needed to be on bed rest from July 2012 until October 2012. Id. Plaintiff hired a Louisville Pregnancy Discrimination lawyer and filed this lawsuit in April of 2013. Id.
Shortly after plaintiff’s Louisville Pregnancy Discrimination lawyer filed the discrimination lawsuit, the defendant’s Louisville Pregnancy Discrimination lawyer filed a notice to remove the case to federal court because the amount in controversy exceeded $75,000.00. Plaintiff had filed a post-removal stipulation that said in part that the “plaintiff will not seek or accept damages in excess of $75,000.00 inclusive of punitive damages, attorneys’ fees, and the fair value of any injunctive relief.” Id.
The court reviewed the case law and found that the motion to remand, to send the case back down to state court, was granted. The defendant must show that it is more likely than not that the plaintiff’s claims meet the amount in controversy requirement. Id. In this case they would or could not based on the stipulation. It was a clear and unequivocal stipulation. The plaintiff’s Louisville Pregnancy Discrimination lawyer was very clear that she was not going to seek any more monies above the jurisdictional level of $75,000.00.
If you have been the subject of a Louisville Pregnancy Discrimination case, please call and speak to a Louisville Pregnancy Discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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