Wright v. TD Bank, N.A.
1:24-cv-02356
| S.D.N.Y. | Dec 3, 2024Background
- Plaintiff Yvonne Wright, a New York citizen, filed suit against TD Bank, N.A., a national bank headquartered in New Jersey.
- Wright alleges missing money from a safe deposit box she rented from TD Bank between 2021 and 2023.
- She claims to have paid a total of $270 in safe deposit box rental fees during this period.
- In December 2023, Wright discovered an unspecified but "significant" amount of money missing from her box.
- She invoked federal diversity jurisdiction, alleging the amount in controversy exceeds $75,000.
- The court reviewed the sufficiency of the Complaint's jurisdictional allegations at the pleading stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of amount in controversy for diversity | Amount in controversy exceeds $75,000 | No specific argument given | Allegations inadequate; plaintiff must specify loss |
| Jurisdictional burden at pleading stage | Complaint's statement suffices | No specific argument given | Plaintiff must show reasonable probability of amount |
| Effect of lacking subject matter jurisdiction | Federal court should hear the case | No specific argument given | Case will be dismissed if jurisdiction not proven |
| Acceptability of conclusory amount allegations | Bare assertion is adequate | No specific argument given | Boilerplate statements not enough for jurisdiction |
Key Cases Cited
- Gunn v. Minton, 568 U.S. 251 (subject matter jurisdiction is not waivable)
- Oscar Gruss & Son, Inc. v. Hollander, 337 F.3d 186 (jurisdiction can be raised anytime by court or party)
- Makarova v. U.S., 201 F.3d 110 (plaintiff bears burden to demonstrate jurisdiction)
- Lyndonville Sav. Bank & Trust Co. v. Lussier, 211 F.3d 697 (lack of jurisdiction requires dismissal)
- Pyskaty v. Wide World of Cars, LLC, 856 F.3d 216 ("reasonable probability" standard for amount in controversy)