D. The Damages in a Class Action Must Exceed One Hundred Dollars for Each Class Member

• Library: South Carolina Damages (SCBar) (2009 Ed.)

D. The Damages in a Class Action Must Exceed One Hundred Dollars for Each Class Member

Generally, the amount in controversy is the value of the object to be gained by the suit.¹⁴ The South Carolina Supreme Court recently interpreted the "amount in controversy" provision set forth in Rule 23(a)(5), SCRCP.¹⁵ Adopting the principles utilized by federal courts for determining jurisdiction, the court indicated the following standard should be applied to determine whether the amount in controversy required by Rule 23(a)(5) is met:

The rule governing dismissal for want of jurisdiction, in cases brought in the federal court is that, unless the law gives a different rule, the sum claimed by the plaintiff controls if the claim is apparently made in good faith. It must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal.¹⁶

South Carolina trial courts have adopted the federal principle that in determining the amount in controversy, the good faith allegations made in a plaintiff's complaint controls.¹⁷In determining whether the $100.00 threshold has been met, in South Carolina, the Gardner court held punitive damages and attorneys' fees shall not be considered.¹⁸ From the text of the rule, however, if the primary relief sought is injunctive or declaratory, it is clear the amount in controversy provision is inapplicable.¹⁹

It is axiomatic that if a case is to be resolved in South Carolina state court, it must properly plead state court jurisdiction and plead...