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Removal to Federal Court

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26 Cited authorities

  1. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

    28 U.S.C. § 1332   Cited 112,712 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"

  3. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,503 times   136 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."

  4. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,785 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"

  5. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,588 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.”

  6. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,330 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  7. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,670 times   188 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  8. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  9. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,085 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  10. Section 158 - Appeals

    28 U.S.C. § 158   Cited 18,221 times   57 Legal Analyses
    Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts