§Why CasetextPricing

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37 Cited authorities

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,725 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

  2. Johnson v. Columbia Props. Anchorage, LP

    437 F.3d 894 (9th Cir. 2006)   Cited 1,716 times
    Holding that an "LLC is a citizen of every state of which its owners/members are citizens"

  3. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,356 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  4. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 502 times   1 Legal Analyses
    Holding that if a plaintiff is entitled under a contract or statute to future attorney's fees, then "such fees are at stake in the litigation and should be included in the amount in controversy"

  5. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 497 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

  6. Chabner v. United of Omaha Life Ins. Co.

    225 F.3d 1042 (9th Cir. 2000)   Cited 433 times
    Holding that the Unruh Act prohibits an insurance company from imposing unreasonable pricing differentials based on an applicant's disability

  7. Simmons v. PCR Technology

    209 F. Supp. 2d 1029 (N.D. Cal. 2002)   Cited 176 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”

  8. Brady v. Mercedes-Benz USA, Inc.

    243 F. Supp. 2d 1004 (N.D. Cal. 2002)   Cited 161 times
    Holding that Song-Beverly Act's civil penalties should be included in the amount in controversy requirement for diversity jurisdiction

  9. The Kenneth Rothschild Trust v. Morgan Stanley Dean Witter

    199 F. Supp. 2d 993 (C.D. Cal. 2002)   Cited 148 times   1 Legal Analyses
    Holding courts assume factual allegations in complaint are true when determining amount in controversy

  10. Dist. of Columbia v. Murphy

    314 U.S. 441 (1941)   Cited 216 times
    Holding there is no formula as to how to weigh the factors

  11. 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"

  12. 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.”

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 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."

  14. 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

  15. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,295 times   127 Legal Analyses
    Providing only statutory penalties

  16. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,790 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  17. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,791 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  18. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,660 times   25 Legal Analyses
    Providing 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"

  19. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,627 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  20. Section 84 - California

    28 U.S.C. § 84   Cited 1,458 times
    Stating Amador County is part of Eastern District of California

  21. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 345 times   16 Legal Analyses
    Adopting this provision of the former CFR