§Why CasetextPricing

defendant monsanto companys notice of filing of notice of removal

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11 Cited authorities

  1. Dart Cherokee Basin Operating Co. v. Owens

    574 U.S. 81 (2014)   Cited 4,741 times   39 Legal Analyses
    Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction

  2. Grancare, LLC v. Thrower

    889 F.3d 543 (9th Cir. 2018)   Cited 667 times
    Holding that joinder is not fraudulent where there is a mere "possibility" that the plaintiff can state a claim against the defendant

  3. Holloway v. United States

    526 U.S. 1 (1999)   Cited 353 times   2 Legal Analyses
    Holding that conditional intent satisfies mens rea requirement of § 2119

  4. Morris v. Princess Cruises, Inc.

    236 F.3d 1061 (9th Cir. 2001)   Cited 1,122 times   1 Legal Analyses
    Holding that joinder of a party is considered fraudulent if "the plaintiff fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state." (internal quotation marks, alteration, and citation omitted)

  5. Cavallini v. State Farm Mut. Auto Ins. Co.

    44 F.3d 256 (5th Cir. 1995)   Cited 1,071 times   1 Legal Analyses
    Holding that ANPAC "offers no support" for the plaintiffs' assertion that "their amended complaint would have clarified any jurisdictional ambiguity in their state court complaint"

  6. McCabe v. General Foods Corp.

    811 F.2d 1336 (9th Cir. 1987)   Cited 938 times
    Holding that fraudulent joinder is established when a plaintiff "fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state"

  7. Vu v. Ortho-McNeil Pharmaceutical, Inc.

    602 F. Supp. 2d 1151 (N.D. Cal. 2009)   Cited 157 times
    Finding that, while the transferee district's interest was not substantially stronger than the transferor's, it "nevertheless remains stronger because the events at issue took place there"

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

    28 U.S.C. § 1332   Cited 114,655 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"

  9. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,292 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.”

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

    Fed. R. Civ. P. 6   Cited 50,911 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."

  11. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,503 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim