16 Cited authorities

  1. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 10,151 times   1 Legal Analyses
    Holding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value
  2. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,051 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
  3. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,442 times   4 Legal Analyses
    Holding that remand for defective diversity allegations was unreviewable even though the removing defendant "could potentially have cured its defective allegations regarding citizenship by amending its notice of removal"
  4. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C.

    374 F.3d 1020 (11th Cir. 2004)   Cited 1,146 times   1 Legal Analyses
    Holding that a limited liability company is a citizen of any state of which a member of the company is a citizen
  5. McPhail v. Deere Co.

    529 F.3d 947 (10th Cir. 2008)   Cited 754 times   3 Legal Analyses
    Holding that defendant established the requisite amount in controversy because, even though plaintiff never pleaded a specific amount of damages, plaintiff's allegations of wrongful death and the nature of the damages sought supported a claim in excess of $75,000
  6. Destfino v. Reiswig

    630 F.3d 952 (9th Cir. 2011)   Cited 415 times   1 Legal Analyses
    Holding that preventing later-served defendants from removing actions to federal court "could deprive some defendants of their right to a federal forum . . . and encourage plaintiffs to engage in unfair manipulation by delaying service on defendants most likely to remove"
  7. Lewis v. Verizon Communications

    627 F.3d 395 (9th Cir. 2010)   Cited 383 times   3 Legal Analyses
    Holding that a party "need not concede liability" to remove a case to federal court under CAFA.
  8. Kuxhausen v. BMW Financial Services NA LLC

    707 F.3d 1136 (9th Cir. 2013)   Cited 238 times   6 Legal Analyses
    Holding that failure to attach certain state documents under 28 U.S.C. § 1446 is a "de minimis procedural defect" that is curable and does not warrant remand
  9. Kantor v. Wellesley Galleries, Ltd.

    704 F.2d 1088 (9th Cir. 1983)   Cited 307 times
    Holding state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes
  10. Yokeno v. Sekiguchi

    754 F.3d 649 (9th Cir. 2014)   Cited 36 times
    Holding that 28 U.S.C. § 1332 does not confer jurisdiction in cases between a permanent resident alien and alien defendants
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,046 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 50,302 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 48,898 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 21,929 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim