24 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,161 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Martin v. Franklin Capital
546 U.S. 132 (2005) Cited 4,852 times 9 Legal Analyses
Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”
Pullman Co. v. Jenkins
305 U.S. 534 (1939) Cited 1,093 times
Holding that removal is to be “determined according to the plaintiffs' pleading at the time of the petition for removal.”
Legg v. Wyeth
428 F.3d 1317 (11th Cir. 2005) Cited 385 times
Holding no reasonable possibility that plaintiffs could establish a cause of action for negligent misrepresentation against a sales representative under Alabama law
Wilson v. Republic Iron Co.
257 U.S. 92 (1921) Cited 1,305 times
Holding that a diverse defendant's "right of removal cannot be defeated by a fraudulent joinder of a resident defendant having no real connection with the controversy"
McKinney v. Board of Trustees of Mayland Community College
955 F.2d 924 (4th Cir. 1992) Cited 372 times 2 Legal Analyses
Holding defendants served after the notice of removal is filed may file their consent within thirty days of their receipt of the complaint
Cabalceta v. Standard Fruit Co.
883 F.2d 1553 (11th Cir. 1989) Cited 343 times 1 Legal Analyses
Holding that if a domestic corporation's principal place of business is abroad, "the foreign principal place of business cannot be considered for diversity jurisdiction purposes"
Florence v. Crescent Resources
484 F.3d 1293 (11th Cir. 2007) Cited 196 times
Holding that, "if there is any possibility that the state law might impose liability on a resident defendant under the circumstances alleged in the complaint, the federal court cannot find that joinder of the resident defendant was fraudulent, and remand is necessary"
Pfeiffer v. Hartford Fire Ins. Co.
929 F.2d 1484 (10th Cir. 1991) Cited 286 times
Holding that absolute immunity attaches to plea bargaining activity "due to its intimate association with the judicial process"
Bauknight v. Monroe County
446 F.3d 1327 (11th Cir. 2006) Cited 125 times
Noting that the Supreme Court in Martin v. Franklin Capital Corp. , 546 U.S. 132, 126 S.Ct. 704, 163 L.Ed.2d 547, "[e]xplicitly reject[ed] the notion that the statute created a presumption in favor of awarding fees"
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,350 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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,131 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 33,312 times 110 Legal Analyses
Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
Rule 21 - Misjoinder and Nonjoinder of Parties
Fed. R. Civ. P. 21 Cited 7,483 times 14 Legal Analyses
Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

Exxcel Project Management, Inc. v. Rockefeller Group Development Corporation et al

24 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding “absent unusual circumstances, attorney's fees should not be awarded when the removing party has an objectively reasonable basis for removal”

Holding that removal is to be “determined according to the plaintiffs' pleading at the time of the petition for removal.”

Holding no reasonable possibility that plaintiffs could establish a cause of action for negligent misrepresentation against a sales representative under Alabama law

Holding that a diverse defendant's "right of removal cannot be defeated by a fraudulent joinder of a resident defendant having no real connection with the controversy"

Holding defendants served after the notice of removal is filed may file their consent within thirty days of their receipt of the complaint

Holding that if a domestic corporation's principal place of business is abroad, "the foreign principal place of business cannot be considered for diversity jurisdiction purposes"

Holding that, "if there is any possibility that the state law might impose liability on a resident defendant under the circumstances alleged in the complaint, the federal court cannot find that joinder of the resident defendant was fraudulent, and remand is necessary"

Holding that absolute immunity attaches to plea bargaining activity "due to its intimate association with the judicial process"

Noting that the Supreme Court in Martin v. Franklin Capital Corp. , 546 U.S. 132, 126 S.Ct. 704, 163 L.Ed.2d 547, "[e]xplicitly reject[ed] the notion that the statute created a presumption in favor of awarding fees"

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.”

Requiring that fraud be pleaded with particularity

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants