Jurisdiction – Amount in controversy – Abuse of process – Emotional distress

Where (1) a corporation initiated a state court suit against a former consultant for alleged breaches of the confidentiality and noncompetition provisions of his employment agreement and (2) the consultant responded with a diversity suit in federal court claiming abuse of process and intentional and negligent infliction of emotional distress, the federal complaint was correctly dismissed for lack of subject matter jurisdiction given the consultant’s failure to adequately allege the minimum amount in controversy.

Abdel-Aleem v. OPK Biotech LLC, et al. (Lawyers Weekly No. 01-008-12) (15 pages) (Stahl, J.) (1st Circuit) Appealed from a decision by Stearns, J., in the U.S. District Court for the District of Massachusetts. Mohamad Saleh Ahmad and Yussuf Abdel-Aleem on brief for the plaintiff-appellant; Michael S. Rabieh, of Lichten & Liss-Riordon, on brief for the defendants-appellees (Docket No. 11-1373) (Jan. 13, 2012).