27 Cited authorities

St. Paul Reinsurance Co., Ltd. v. Greenberg
134 F.3d 1250 (5th Cir. 1998) Cited 1,414 times 1 Legal Analyses
Holding that statutory damages, punitive damages, and potential attorneys' fees must be included in calculating the amount in controversy in a diversity case
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
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"
Luckett v. Delta Airlines, Inc.
171 F.3d 295 (5th Cir. 1999) Cited 815 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
Scherer v. Equitable Life Assur Soc'y, U.S.
347 F.3d 394 (2d Cir. 2003) Cited 454 times
Holding that, as an affirmative defense, res judicata does not — except in rare circumstances not applicable here — affect a court's jurisdiction
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
Kroske v. U.S. Bank Corp.
432 F.3d 976 (9th Cir. 2005) Cited 370 times 1 Legal Analyses
Holding that the district court properly considered awards in similar cases when determining the amount in controversy
Swinton v. Potomac Corp.
270 F.3d 794 (9th Cir. 2001) Cited 306 times
Holding that an instructional error in a civil case requires reversal only where the error is not “more probably than not harmless”
Gonzales v. CarMax Auto Superstores, LLC
840 F.3d 644 (9th Cir. 2016) Cited 172 times 2 Legal Analyses
Finding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"
Certiorari Denied
535 U.S. 1018 (2002) Cited 59 times
Noting that "nigger" is "perhaps the most offensive and inflammatory racial slur in English" and is "expressive of hatred and bigotry"
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"
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.”
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."
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
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
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"
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"
Section 1102.5 - Whistleblower protection
Cal. Lab. Code § 1102.5 Cited 1,235 times 39 Legal Analyses
Making 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"
Section 202 - Employees not under contract; notice; state employees
Cal. Lab. Code § 202 Cited 768 times 8 Legal Analyses
Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation
Section 204 - Payment of wages; frequency
Cal. Lab. Code § 204 Cited 673 times 20 Legal Analyses
Requiring semi-monthly payments within specified dates for work performed within specified dates

defendant greyhound lines inc notice to plaintiff of removal of civi

27 Cited authorities

Holding that statutory damages, punitive damages, and potential attorneys' fees must be included in calculating the amount in controversy in a diversity case

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

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"

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, as an affirmative defense, res judicata does not — except in rare circumstances not applicable here — affect a court's jurisdiction

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

Holding that the district court properly considered awards in similar cases when determining the amount in controversy

Holding that an instructional error in a civil case requires reversal only where the error is not “more probably than not harmless”

Finding that the "amount at stake" in litigation involves anything other than interest and costs that "entail a payment by the defendant," including compensatory damages and "the cost of complying with an injunction"

Noting that "nigger" is "perhaps the most offensive and inflammatory racial slur in English" and is "expressive of hatred and bigotry"

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.”

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."

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

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"

Making 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"

Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation

Requiring semi-monthly payments within specified dates for work performed within specified dates