Also known as: res controversae · matter in controversy
Written by attorneys · grounded in primary & secondary sources — see below
A matter in controversy or a point in question.
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Ridgeway Partners seeks approval for a condominium project. Judge Ramirez's parent, who resides in the household, holds a contingent purchase option whose value depends on project approval. The zoning appeal challenges that approval. The parent's economic interest in the subject matter in controversy requires the judge to step aside.
Rising Sun Electronics faces a new product-liability suit. Judge Lopez previously worked at a firm where a partner drafted strategy memos defending the identical product and labeling issues. The current plaintiffs move to disqualify. The earlier work occurred in the same matter in controversy.
Rowan Russell organizes a rally at a public park. City officials deny the permit. Russell sues, claiming First Amendment violations. The core dispute centers on whether the denial infringes protected speech as the matter in controversy.
Rita Russell sues a publisher for false statements about her divorce. The publisher moves for summary judgment on actual-malice grounds. The matter in controversy is whether the article contained knowing falsehoods about a public figure.
Robert Rivera wins election but the House refuses to seat him. He sues for declaratory relief. The matter in controversy is whether the exclusion violates the Qualifications Clause.
Rosalind Reed alleges sex discrimination by a congressman. She sues under the Fifth Amendment. The matter in controversy is whether an implied damages action exists against a federal legislator.
It refers to the underlying dispute or matter that triggers recusal when a judge previously participated in it as counsel or holds an economic interest in it. The term identifies the same controversy for purposes of the disqualification analysis.
No. The rule requires substantial participation in the identical underlying controversy, not merely similar legal issues or policy language that recurs across different occurrences.
A contingent interest qualifies when its value depends directly on the outcome of the proceeding, such as an option that becomes exercisable only if the project at issue is approved.
…§ 1332. To ensure that diversity jurisdiction does not flood the federal courts with minor disputes, § 1332(a) requires that the matter in controversy in a diversity case exceed a specified amount, currently $75,000. Although the district courts may not exercise jurisdiction absent a statutory basis, it is well established—in certain…