Hertz Corp. v. Friend
559 U.S. 77 (2010) Cited 4,216 times 29 Legal AnalysesHolding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Murphy Brothers, Inc. v. Michetti Pipe Stringing
526 U.S. 344 (1999) Cited 2,601 times 7 Legal AnalysesHolding 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"
Kanter v. Warner-Lambert Co.
265 F.3d 853 (9th Cir. 2001) Cited 1,423 times 4 Legal AnalysesHolding 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"
Sanchez v. Monumental Life Ins. Co
102 F.3d 398 (9th Cir. 1996) Cited 1,321 times 2 Legal AnalysesHolding that defendants bears the burden to show that removal is proper
Guglielmino v. McKee Foods Corp.
506 F.3d 696 (9th Cir. 2007) Cited 720 times 9 Legal AnalysesHolding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"
Galt G/S v. JSS Scandinavia
142 F.3d 1150 (9th Cir. 1998) Cited 471 timesHolding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees
Conrad Associates v. Hartford Accident Indemnity
994 F. Supp. 1196 (N.D. Cal. 1998) Cited 253 timesHolding "since a defect in subject matter jurisdiction cannot be stipulated to or waived, attempting to force the plaintiff to enter a stipulation regarding the potential amount of damages would serve no effect in determining the actual amount in controversy at the time of removal"
State Farm Mut. Auto. Ins. Co. v. Dyer
19 F.3d 514 (10th Cir. 1994) Cited 249 timesHolding 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 301 timesHolding state law inapplicable to the question of an individual's citizenship for diversity-jurisdiction purposes
Fristoe v. Reynolds Metals Co.
615 F.2d 1209 (9th Cir. 1980) Cited 269 timesHolding that a timely objection to a late petition will defeat removal
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,364 times 572 Legal AnalysesHolding 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 50,029 times 149 Legal AnalysesHolding 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 21,767 times 141 Legal AnalysesGranting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,837 times 315 Legal AnalysesProhibiting unlawful business practices
Section 1102.5 - Whistleblower protection
Cal. Lab. Code § 1102.5 Cited 1,185 times 38 Legal AnalysesMaking it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"