24 Cited authorities

Jefferson County v. Acker
527 U.S. 423 (1999) Cited 604 times
Holding that, as to element three, the moving party must show that the suit is "for a[n] act under color of office," which requires a causal nexus "between the charged conduct and asserted official authority"
Willingham v. Morgan
395 U.S. 402 (1969) Cited 836 times 3 Legal Analyses
Holding that federal court has jurisdiction over a case properly removed under § 1442 "regardless of whether the suit could originally have been brought in a federal court"
Durham v. Lockheed Martin Corp.
445 F.3d 1247 (9th Cir. 2006) Cited 838 times 5 Legal Analyses
Holding defendants not charged with notice of amount in controversy until they have "a paper that gives them enough information to remove"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 113,606 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"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding 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 50,910 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.”
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,573 times 1241 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"
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 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
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,350 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,265 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,281 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,779 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,099 times 106 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Rule 3.400 - Definition
Cal. R. 3.400 Cited 30 times
(a) Definition A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel. (b) Factors In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve: (1) Numerous pretrial motions raising difficult or novel legal

Removal to Federal Court

24 Cited authorities

Holding that, as to element three, the moving party must show that the suit is "for a[n] act under color of office," which requires a causal nexus "between the charged conduct and asserted official authority"

Holding that federal court has jurisdiction over a case properly removed under § 1442 "regardless of whether the suit could originally have been brought in a federal court"

Holding defendants not charged with notice of amount in controversy until they have "a paper that gives them enough information to remove"

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 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

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, 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"

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

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts