Dart Cherokee Basin Operating Co. v. Owens
574 U.S. 81 (2014) Cited 4,593 times 39 Legal AnalysesHolding removal notice need only contain short and plain statement of grounds for court's jurisdiction
Singer v. State Farm Mutual Auto. Ins. Co.
116 F.3d 373 (9th Cir. 1997) Cited 1,078 times 1 Legal AnalysesHolding plaintiff's admission in open court established amount in controversy
Galt G/S v. JSS Scandinavia
142 F.3d 1150 (9th Cir. 1998) Cited 491 timesHolding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Brady v. Mercedes-Benz USA, Inc.
243 F. Supp. 2d 1004 (N.D. Cal. 2002) Cited 160 timesHolding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction
The Kenneth Rothschild Trust v. Morgan Stanley Dean Witter
199 F. Supp. 2d 993 (C.D. Cal. 2002) Cited 147 times 1 Legal AnalysesHolding courts assume factual allegations in complaint are true when determining amount in controversy
Dist. of Columbia v. Murphy
314 U.S. 441 (1941) Cited 215 timesHolding there is no formula as to how to weigh the factors
Lewis v. Exxon Mobil Corp.
348 F. Supp. 2d 932 (W.D. Tenn. 2004) Cited 7 timesFinding 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"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 112,712 times 572 Legal AnalysesHolding 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 50,588 times 151 Legal AnalysesHolding 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 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 49,437 times 24 Legal AnalysesHolding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,085 times 141 Legal AnalysesGranting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,004 times 315 Legal AnalysesProhibiting unlawful business practices
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,278 times 127 Legal AnalysesProviding only statutory penalties
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,649 times 25 Legal AnalysesProviding that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,613 times 29 Legal AnalysesRequiring employers to pay 1.5 times the "regular rate of pay" for overtime
Section 84 - California
28 U.S.C. § 84 Cited 1,445 timesStating Amador County is part of Eastern District of California