Kroske v. U.S. Bank Corp., 432 F.3d 976 (9th Cir. 2005)

Kathy Kroske, a former bank manager of U.S. Bank Corp. in Spokane, Washington, alleged her employment was terminated after 25 years based upon her age (51 years old). The Bank contended Kroske had been terminated because her branch failed to meet its daily performance goals. After Kroske filed suit in Washington state court, U.S. Bank removed the action to federal court based on diversity of citizenship. The Ninth Circuit held there was federal court jurisdiction because there was at least $75,000 in controversy based upon Kroske’s interrogatory responses about her alleged damages. However, the Court reversed the summary judgment that had been granted in favor of the Bank, holding that Kroske’s age discrimination claim was not preempted by the National Bank Act as the district court had held.