Edward Wilson v. Stratosphere Corporation

MEMORANDUM

Appellants Edward Wilson and Eric Miles, on behalf of themselves and others similarly situated, appeal the district court’s grant of summary judgment on their claims of consumer fraud under Nevada Revised Statute § 41.600 and unjust enrichment. We affirm.

The parties dispute whether the district court had jurisdiction over this action. Stratosphere argues that Appellants’ class action does not meet the jurisdictional amount-in-controversy of five million dollars under 28 U.S.C. § 1332 (d)(2). Since Appellants’ complaint “alleges damages in excess of the federal amount-in controversy requirement[,]” the jurisdictional requirement “is presumptively satisfied unless it appears to a legal certainty that the claim is actually for less than the jurisdictional minimum.” Lowdermilk v. U.S. Bank Nat’l Ass’n, 479 F.3d 994, 998 (9th Cir.2007) (quotation marks and emphasis omitted). Stratosphere has failed to show to a legal certainty that the damages could not reach five million dollars. Thus, appellants pleaded sufficient facts to establish subject matter jurisdiction.

Appellants allege consumer fraud under Nevada Revised Statute § 41.600, which allows any person who is a…