Geographic Expeditions, Inc. v. Estate of Lhotka, (9th Cir., 2010)

Plaintiff purchased a guided tour to Mount Kilimanjaro, but died when climibing the mountain. The contract contained an arbitration clause and capped liability at $16,831. Her estate sued in the Superior Court of California. Defendant removed to Federal District Court, which court held it lacked juridiction. Ninth Circuit held: (1) Plaintiff did not have to prove by preponderance of evidence that amount in controvery exceeded $75,000, (2) the liability cap did not preclude diversity jurisdiction. Advance sheet courtesy of
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.