Judge Sends Matthiesen Wickert Whistleblower Case to State Court

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The Tug-of-War Over Jurisdiction

The firm, headquartered in Wisconsin, removed the case to the U.S. District Court for the Middle District of Florida, citing diversity jurisdiction and arguing that Rodgers’ damages — including employee benefits, lost wages, and severance demands — exceeded the $75,000 federal threshold.

But Judge Howard rejected that argument, noting that pre-suit demand letters, including one requesting $86,250 in severance, do not alone establish the actual damages at the time of removal. One of Rodgers’ letters was sent after she found new employment, which the judge said mitigated her financial damages.

An April 2025 demand letter pegged Rodgers’ losses at $60,000, a figure the judge found to be a “reasonable estimate” supported by the record.

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Mixed Outcome on Fees

Although the court sided with Rodgers on the jurisdictional issue, it declined to award attorney fees associated with the removal and remand process. Judge Howard acknowledged that Matthiesen Wickert had a “reasonable basis” for trying to move the case to federal court, even if the effort ultimately failed.