Durham v. Lockheed Martin Corp.
445 F.3d 1247 (9th Cir. 2006) Cited 845 times 5 Legal AnalysesHolding defendants not charged with notice of amount in controversy until they have "a paper that gives them enough information to remove"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 51,346 times 151 Legal AnalysesHolding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,528 times 141 Legal AnalysesGranting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 1442 - Federal officers or agencies sued or prosecuted
28 U.S.C. § 1442 Cited 5,289 times 91 Legal AnalysesGranting removal power to "[a]ny officer of the United States . . . or person acting under him"
Section 144 - Bias or prejudice of judge
28 U.S.C. § 144 Cited 4,735 times 1 Legal AnalysesRequiring affidavits alleging bias to the "timely"