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Garbers-Adams et al v. Adams et al

REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Remand.. Document

25 Cited authorities

  1. Handelsman v. Bedford Village Assoc

    213 F.3d 48 (2d Cir. 2000)   Cited 927 times
    Holding that citizenship of a limited liability company was determined by the citizenship of its members, citing Cosgrove, 150 F.3d at 731

  2. Indianapolis v. Chase National Bank

    314 U.S. 63 (1941)   Cited 757 times
    Holding that it is the "duty . . . of the lower federal courts to look beyond the pleadings, and arrange the parties according to their sides in the dispute"

  3. Leveraged Leasing Admin. v. Pacificorp Capital

    87 F.3d 44 (2d Cir. 1996)   Cited 306 times
    Holding that a complaint that fails to plead citizenship of relevant parties does not properly assert diversity jurisdiction

  4. Maryland Cas. Co. v. W.R. Grace and Co.

    23 F.3d 617 (2d Cir. 1993)   Cited 123 times
    Holding that installation of asbestos results in immediate property damage

  5. Sherman v. Aj. Pegno Construction Corp.

    528 F. Supp. 2d 320 (S.D.N.Y. 2007)   Cited 67 times
    Holding that it was objectively unreasonable for the removing defendant to knowingly disregard the rule of unanimity

  6. Burr ex Rel. Burr v. Toyota Motor Credit Co.

    478 F. Supp. 2d 432 (S.D.N.Y. 2006)   Cited 65 times
    Finding it insufficient for defendant who has not signed removal petition to merely advise removing defendant that it consents to removal and that removing defendant may represent such consent to court on its behalf. "Failure of any defendant to provide its written consent within the applicable thirty-day period renders the petition for removal untimely."

  7. Hershman v. Unumprovident Corporation

    658 F. Supp. 2d 598 (S.D.N.Y. 2009)   Cited 28 times
    Finding that the "plaintiff's choice of forum weigh[ed] against a transfer," but was "not controlling," where the plaintiff's choice of forum was not the "plaintiff's home forum and the events giving rise to the action occurred elsewhere," noting that there was "no evidence that plaintiff chose the Southern District to give him an improper advantage or put defendants at a tactical disadvantage"

  8. Mackason v. Diamond Financial LLC

    347 F. Supp. 2d 53 (S.D.N.Y. 2004)   Cited 33 times
    Holding allegations of plaintiffs' residences were insufficient to establish diversity jurisdiction

  9. In re Barrow

    01-11582 B (Bankr. W.D.N.Y. Feb. 20, 2004)   Cited 29 times
    Applying New York Law

  10. In re Marciano

    372 B.R. 211 (Bankr. S.D.N.Y. 2007)   Cited 22 times
    Discussing turnover action seeking tax refund resulting from jointly filed tax return

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,909 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 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 49,858 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.”

  13. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 32,992 times   109 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. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,668 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Section 3001 - Declaratory judgment

    N.Y. CPLR 3001   Cited 1,768 times
    Considering declaratory judgment actions

  16. Section 6402 - Authority to make credits or refunds

    26 U.S.C. § 6402   Cited 746 times   4 Legal Analyses
    Granting the Secretary authority to credit an overpayment to any tax liability

  17. Section 1332 - Definitions

    15 U.S.C. § 1332   Cited 24 times   1 Legal Analyses
    Defining "State" to include political subdivisions in the 1969 amendments

  18. Section 686 - Overpayment

    N.Y. Tax Law § 686   Cited 5 times

    (a) General.- The commissioner of taxation and finance, within the applicable period of limitations, may credit an overpayment of income tax and interest on such overpayment against any liability in respect of any tax imposed by this chapter, including taxes imposed under article twenty-three of this chapter, on the person who made the overpayment, against any liability in respect of any tax imposed pursuant to the authority of this chapter or any other law on such person if such tax is administered