41 Cited authorities

  1. Dart Cherokee Basin Operating Co. v. Owens

    574 U.S. 81 (2014)   Cited 4,482 times   39 Legal Analyses
    Holding removal notice need only contain short and plain statement of grounds for court's jurisdiction
  2. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,213 times   29 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”
  3. Kolstad v. Am. Dental Assn

    527 U.S. 526 (1999)   Cited 1,458 times   11 Legal Analyses
    Holding that an employer may avoid punitive damages under § 1981a if it has made good-faith efforts to prevent discrimination in the workplace
  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,046 times   14 Legal Analyses
    Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"
  5. Kanter v. Warner-Lambert Co.

    265 F.3d 853 (9th Cir. 2001)   Cited 1,421 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"
  6. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,321 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper
  7. Mangold v. California Public Utilities Com'n

    67 F.3d 1470 (9th Cir. 1995)   Cited 1,165 times
    Holding that a plaintiff must present their claim in writing before bringing suit
  8. Singer v. State Farm Mutual Auto. Ins. Co.

    116 F.3d 373 (9th Cir. 1997)   Cited 1,052 times   1 Legal Analyses
    Holding plaintiff's admission in open court established amount in controversy
  9. Fritsch v. Swift Transp. Co. of Ariz., LLC

    899 F.3d 785 (9th Cir. 2018)   Cited 460 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"
  10. Roby v. McKesson Corp.

    47 Cal.4th 686 (Cal. 2009)   Cited 523 times   5 Legal Analyses
    Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,308 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,373 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,005 times   149 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.”
  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,800 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,749 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  16. 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 2,789 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  17. Section 84 - California

    28 U.S.C. § 84   Cited 1,412 times
    Stating Amador County is part of Eastern District of California
  18. Section 12965 - Civil action in name of department on behalf of aggrieved party

    Cal. Gov. Code § 12965   Cited 604 times   1 Legal Analyses
    Providing the courts with discretionary authority to award attorney's fees and costs to the prevailing party
  19. Section 2922 - Termination at will of either party

    Cal. Lab. Code § 2922   Cited 427 times   4 Legal Analyses
    Stating where an employment has no specified term, it "may be terminated at the will of either party on notice to the other."
  20. Section 431.30 - General denial; denial made positively or according to information and belief of defendant

    Cal. Code Civ. Proc. § 431.30   Cited 148 times
    Requiring an answer to contain both a general or specific denial of factual allegations, § 431.30(b), and a statement of "any new matter constituting a defense," § 431.30(b)
  21. Rule 2.306 - Service of papers by fax transmission

    Cal. R. 2.306   Cited 12 times

    (a) Service by fax (1)Agreement of parties required Service by fax transmission is permitted only if the parties agree and a written confirmation of that agreement is made. (2)Service on last-given fax number Any notice or other document to be served must be transmitted to a fax machine maintained by the person on whom it is served at the fax machine telephone number as last given by that person on any document that the party has filed in the case and served on the party making service. (b) Service