THEIS RESEARCH, INC. v. BROWN & BAIN

No. 02-16839.

386 F.3d 1180 (2004)

THEIS RESEARCH, INC., an Illinois corporation, Plaintiff-Appelant, v. BROWN & BAIN, a California and Arizona law firm, and such present and former Brown & Bain partners, associates, and other personnel responsible for the management and trial of all litigation involving Peter F. Theis and Theis Research, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2004.


Attorney(s) appearing for the Case

Paul R. Johnson, Oakland, CA, for the plaintiff-appellant.

Paul Renne, San Francisco, CA, for the defendant-appellee.

Before THOMPSON and TROTT, Circuit Judges, and WEINER, Senior District Judge.


DAVID R. THOMPSON, Senior Circuit Judge:

This appeal presents the primary question whether, in a case in which a party seeks to vacate an arbitration award, the amount in controversy for diversity jurisdiction under 28 U.S.C. § 1332(a) is measured by the amount of the award or by the amount in dispute in the underlying litigation between the parties. The arbitration award which Theis Research, Inc. ("Theis") moved to vacate was for zero dollars. Contemporaneously...

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