24 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,707 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' "
  2. Martin v. Franklin Capital

    546 U.S. 132 (2005)   Cited 4,847 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”
  3. Pullman Co. v. Jenkins

    305 U.S. 534 (1939)   Cited 1,092 times
    Holding that removal is to be “determined according to the plaintiffs' pleading at the time of the petition for removal.”
  4. 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
  5. Wilson v. Republic Iron Co.

    257 U.S. 92 (1921)   Cited 1,303 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"
  6. 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
  7. 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"
  8. 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"
  9. 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"
  10. 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"
  11. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,283 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.”
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,089 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,267 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"
  14. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,473 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants