21 Cited authorities

Martin v. Franklin Capital
546 U.S. 132 (2005) Cited 4,959 times 9 Legal Analyses
Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”
Gaus v. Miles, Inc.
980 F.2d 564 (9th Cir. 1992) Cited 10,382 times 1 Legal Analyses
Holding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value
Hunter v. Philip Morris USA
582 F.3d 1039 (9th Cir. 2009) Cited 2,076 times 1 Legal Analyses
Holding that an implied preemption affirmative defense was not a permissible ground for finding fraudulent joinder
Grancare, LLC v. Thrower
889 F.3d 543 (9th Cir. 2018) Cited 667 times
Holding that joinder is not fraudulent where there is a mere "possibility" that the plaintiff can state a claim against the defendant
Morris v. Princess Cruises, Inc.
236 F.3d 1061 (9th Cir. 2001) Cited 1,122 times 1 Legal Analyses
Holding that joinder of a party is considered fraudulent if "the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state." (internal quotation marks, alteration, and citation omitted)
Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 539 times 6 Legal Analyses
Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
McCabe v. General Foods Corp.
811 F.2d 1336 (9th Cir. 1987) Cited 938 times
Holding that fraudulent joinder is established when a plaintiff "fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state"
Reno v. Baird
18 Cal.4th 640 (Cal. 1998) Cited 588 times 7 Legal Analyses
Holding that FEHA's provisions regarding employment discrimination applied only to employers, in contrast to provisions regarding harassment which did apply to individuals as well as employers
Lussier v. Dollar
518 F.3d 1062 (9th Cir. 2008) Cited 434 times 1 Legal Analyses
Finding that "removal is not objectively unreasonable solely because the removing party's arguments lack merit, or else attorney's fees would always be awarded whenever remand is granted."
Shoemaker v. Myers
52 Cal.3d 1 (Cal. 1990) Cited 466 times 1 Legal Analyses
Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 114,655 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"
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 51,292 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.”
Section 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 33,983 times 110 Legal Analyses
Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Removal to Federal Court Lifted

21 Cited authorities

Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”

Holding that an implied preemption affirmative defense was not a permissible ground for finding fraudulent joinder

Holding that joinder is not fraudulent where there is a mere "possibility" that the plaintiff can state a claim against the defendant

Holding that joinder of a party is considered fraudulent if "the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state." (internal quotation marks, alteration, and citation omitted)

Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"

Holding that fraudulent joinder is established when a plaintiff "fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state"

Holding that FEHA's provisions regarding employment discrimination applied only to employers, in contrast to provisions regarding harassment which did apply to individuals as well as employers

Finding that "removal is not objectively unreasonable solely because the removing party's arguments lack merit, or else attorney's fees would always be awarded whenever remand is granted."

Holding that "no employee has a vested contractual right ... beyond the time or contrary to the terms and conditions fixed by law"

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

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.”

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"