§Why CasetextPricing

Notice of Removal of Action

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25 Cited authorities

  1. Johnson v. Columbia Props. Anchorage, LP

    437 F.3d 894 (9th Cir. 2006)   Cited 1,812 times
    Holding that an "LLC is a citizen of every state of which its owners/members are citizens"

  2. St. Paul Reinsurance Co., Ltd. v. Greenberg

    134 F.3d 1250 (5th Cir. 1998)   Cited 1,458 times   1 Legal Analyses
    Holding that statutory damages, punitive damages, and potential attorneys' fees must be included in calculating the amount in controversy in a diversity case

  3. Singer v. State Farm Mutual Auto. Ins. Co.

    116 F.3d 373 (9th Cir. 1997)   Cited 1,153 times   1 Legal Analyses
    Holding plaintiff's admission in open court established amount in controversy

  4. Cosgrove v. Bartolotta

    150 F.3d 729 (7th Cir. 1998)   Cited 994 times
    Holding under similar circumstances that a motion styled as a Rule 59(e) motion was properly treated as a Rule 50(b) motion

  5. Luckett v. Delta Airlines, Inc.

    171 F.3d 295 (5th Cir. 1999)   Cited 825 times
    Holding that plaintiff's alleged damages for property damage, travel expenses, an emergency ambulance trip, a stay in the hospital, and pain and suffering met the jurisdictional amount

  6. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 522 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

  7. Kroske v. U.S. Bank Corp.

    432 F.3d 976 (9th Cir. 2005)   Cited 382 times   1 Legal Analyses
    Holding that the district court properly considered awards in similar cases when determining the amount in controversy

  8. Gonzales v. CarMax Auto Superstores, LLC

    840 F.3d 644 (9th Cir. 2016)   Cited 200 times   2 Legal Analyses
    Finding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"

  9. Certiorari Denied

    535 U.S. 1018 (2002)   Cited 59 times
    Noting that "nigger" is "perhaps the most offensive and inflammatory racial slur in English" and is "expressive of hatred and bigotry"

  10. Simmons v. PCR Technology

    209 F. Supp. 2d 1029 (N.D. Cal. 2002)   Cited 182 times
    Finding that although the case cited was “not perfectly analogous” because on plaintiff suffered persistent discrimination over a ten-year period whereas the other worked at their place of employment for only four months, it did evidence “that emotional distress damages in a successful employment discrimination case may be substantial”

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

    28 U.S.C. § 1332   Cited 116,660 times   574 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. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 52,266 times   24 Legal Analyses
    Holding 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."

  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 52,048 times   154 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.”

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,448 times   201 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,922 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  16. Section 12940 - [Effective Until 1/1/2025] Unlawful employment practices

    Cal. Gov. Code § 12940   Cited 1,051 times
    Prohibiting discrimination because of "sex, ... sexual orientation," etc.

  17. Section 233 - Sick leave

    Cal. Lab. Code § 233   Cited 42 times   4 Legal Analyses

    (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee's accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee's then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. This section does not extend

  18. Section 11094 - Retaliation and Protection from Interference with CFRA Rights

    Cal. Code Regs. tit. 2 § 11094   Cited 9 times   1 Legal Analyses

    (a) Any violation of CFRA or these implementing regulations constitutes interfering with, restraining, or denying the exercise of rights provided by CFRA. "Interfering with" the exercise of an employee's rights includes, for example, refusing to authorize CFRA leave and discouraging an employee from using such leave. It would also include an action by a covered employer to avoid responsibilities under CFRA, for example: (1) Changing the essential functions of the job in order to preclude the taking