Kocienda v. U-Haul Intern., Inc., No. 3:07CV9542007 WL 2572269 (D.Conn., Sep 04, 2007)
For all you movers (and shakers) out there, this one is for you. Plaintiff Kocienda brought a class action lawsuit against U-Haul, seeking compensatory and punitive damages for breach of contract and violation of the Connecticut Unfair Trade Practice Act based on U-Haul’s practice of charging a $50 cancellation fee. U-Haul removed under CAFA. However, there was an issue of whether the $5 million amount in controversy was satisfied. U-Haul asserted that the threshold amount was met based on compensatory and punitive damages for a worldwide class. Survey says? Yes. Punitive damages are considered when determining jurisdictional amount.
Move on, plaintiff.