§Why CasetextPricing

Removal to Federal Court

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40 Cited authorities

  1. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,213 times   29 Legal Analyses
    Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”

  2. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,781 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  3. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,599 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

  4. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,445 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  5. Allis-Chalmers Corp. v. Lueck

    471 U.S. 202 (1985)   Cited 2,718 times   4 Legal Analyses
    Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights

  6. Standard Fire Ins. Co. v. Knowles

    568 U.S. 588 (2013)   Cited 693 times   74 Legal Analyses
    Holding that a plaintiff may not evade CAFA jurisdiction by stipulating that the class would seek damages below CAFA's jurisdictional threshold

  7. Matheson v. Progressive Specialty Ins. Co.

    319 F.3d 1089 (9th Cir. 2003)   Cited 1,534 times
    Holding that it was not facially evident from the complaint that the controversy involved more than $75,000 where the plaintiff sought "'in excess' of $10,000 for economic loss, 'in excess' of $10,000 for emotional distress, and 'in excess' of $10,000 for punitive damages"

  8. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,421 times   4 Legal Analyses
    Holding that remand for defective diversity allegations was unreviewable even though the removing defendant "could potentially have cured its defective allegations regarding citizenship by amending its notice of removal"

  9. Valdez v. Allstate Ins. Co.

    372 F.3d 1115 (9th Cir. 2004)   Cited 1,153 times
    Holding that a defendant must carry its burden to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 because plaintiff's complaint “[fell] short of even seeking the threshold amount”

  10. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,321 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

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

    28 U.S.C. § 1332   Cited 111,308 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"

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,373 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,736 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,005 times   149 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.”

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,800 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,749 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  17. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,534 times   13 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts