40 Cited authorities

Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,507 times 31 Legal Analyses
Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Hunt v. Washington Apple Advertising Comm'n
432 U.S. 333 (1977) Cited 4,591 times 10 Legal Analyses
Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
St. Paul Indemnity Co. v. Cab Co.
303 U.S. 283 (1938) Cited 6,234 times 14 Legal Analyses
Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"
Sanchez v. Monumental Life Ins. Co
102 F.3d 398 (9th Cir. 1996) Cited 1,409 times 2 Legal Analyses
Holding that defendants bears the burden to show that removal is proper
Luckett v. Delta Airlines, Inc.
171 F.3d 295 (5th Cir. 1999) Cited 823 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
Galt G/S v. JSS Scandinavia
142 F.3d 1150 (9th Cir. 1998) Cited 519 times
Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Tameny v. Atlantic Richfield Co.
27 Cal.3d 167 (Cal. 1980) Cited 841 times 6 Legal Analyses
Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy
White v. FCI USA, Inc.
319 F.3d 672 (5th Cir. 2003) Cited 258 times
Holding summary judgment was proper when only evidence presented was employee's subjective interpretation of supervisor's remarks rather than being asked or required to commit an unlawful act
State Farm Mut. Auto. Ins. Co. v. Dyer
19 F.3d 514 (10th Cir. 1994) Cited 255 times
Holding that once averment of diversity is challenged, burden is on party invoking jurisdiction to show that it exists
Kantor v. Wellesley Galleries, Ltd.
704 F.2d 1088 (9th Cir. 1983) Cited 335 times
Holding state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 116,125 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 51,851 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 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 22,804 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 18,477 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,444 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 185 - Suits by and against labor organizations
29 U.S.C. § 185 Cited 14,737 times 14 Legal Analyses
Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,876 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,356 times 127 Legal Analyses
Providing only statutory penalties
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,840 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"
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,709 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"
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
Rule 3.402 - Complex case counterdesignations
Cal. R. 3.402 Cited 1 times
(a) Noncomplex counterdesignation If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the

Removal to Federal Court

40 Cited authorities

Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”

Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"

Holding that defendants bears the burden to show that removal is proper

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

Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy

Holding summary judgment was proper when only evidence presented was employee's subjective interpretation of supervisor's remarks rather than being asked or required to commit an unlawful act

Holding that once averment of diversity is challenged, burden is on party invoking jurisdiction to show that it exists

Holding state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes

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.”

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

Prohibiting unlawful business practices

Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Providing only statutory penalties

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

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"