§Why CasetextPricing

Removal to Federal Court

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21 Cited authorities

  1. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,756 times   56 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  2. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,409 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  3. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 519 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

  4. Simmons v. PCR Technology

    209 F. Supp. 2d 1029 (N.D. Cal. 2002)   Cited 180 times
    Finding that although the case cited was “not perfectly analogous” because on plaintiff suffered persistent discrimination over a ten-year period whereas the other worked at their place of employment for only four months, it did evidence “that emotional distress damages in a successful employment discrimination case may be substantial”

  5. Brady v. Mercedes-Benz USA, Inc.

    243 F. Supp. 2d 1004 (N.D. Cal. 2002)   Cited 164 times
    Holding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction

  6. Dist. of Columbia v. Murphy

    314 U.S. 441 (1941)   Cited 217 times
    Holding there is no formula as to how to weigh the factors

  7. Lewis v. Exxon Mobil Corp.

    348 F. Supp. 2d 932 (W.D. Tenn. 2004)   Cited 7 times
    Finding that the jurisdictional threshold was met, in spite of an allegation in the complaint that "neither Plaintiff nor any class member asserts a claim in excess of $75,000," when the complaint demanded "judgment to be determined by a jury, for all incidental, consequential, compensatory and punitive damages"

  8. Davenport v. Mutual Benefit Hlt. Acc. Ass'n

    325 F.2d 785 (9th Cir. 1963)   Cited 57 times   1 Legal Analyses
    Noting that exemplary damages should not be included in the amount in controversy "if under the applicable state law [they] would be legally impossible to recover"

  9. Boyle v. Lorimar Productions, Inc.

    13 F.3d 1357 (9th Cir. 1994)   Cited 15 times

    Nos. 91-56381, 91-56488. Argued and Submitted June 7, 1993. Decided January 11, 1994. William T. Rintala, Rintala, Smoot, Jaenicke Brunswick, Los Angeles, CA, for defendant-appellant, cross-appellee. Daniel C. Rosenberg, Stein Kahan, Santa Monica, CA, for plaintiffs-appellees, cross-appellants. Appeal from the United States District Court for the Central District of California. Before BROWNING, TANG and BOOCHEVER, Circuit Judges. PER CURIAM: Appellants Lorimar Productions, Inc., American Broadcasting

  10. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,150 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  11. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,857 times   151 Legal Analyses
    Holding 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.”

  12. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,808 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  13. Section 158 - Appeals

    28 U.S.C. § 158   Cited 18,480 times   57 Legal Analyses
    Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

  14. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 9,031 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  15. Section 42 - Allotment of Supreme Court justices to circuits

    28 U.S.C. § 42   Cited 5,960 times

    The Chief Justice of the United States and the associate justices of the Supreme Court shall from time to time be allotted as circuit justices among the circuits by order of the Supreme Court. The Chief Justice may make such allotments in vacation. A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit. 28 U.S.C. § 42 June 25, 1948, ch. 646, 62 Stat. 870. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §215 (Mar. 3, 1911

  16. Section 881 - Forfeitures

    21 U.S.C. § 881   Cited 5,006 times   7 Legal Analyses
    Adopting five-year statute of limitations of 19 U.S.C. § 1621

  17. Section 84 - California

    28 U.S.C. § 84   Cited 1,511 times
    Defining the Eastern District of California without creating divisions

  18. Section 7609 - Special procedures for third-party summonses

    26 U.S.C. § 7609   Cited 888 times   20 Legal Analyses
    Allowing the IRS to serve notice by mail

  19. Section 12965 - Civil action in name of department on behalf of aggrieved party

    Cal. Gov. Code § 12965   Cited 640 times   1 Legal Analyses
    Providing the courts with discretionary authority to award attorney's fees and costs to the prevailing party