Gaus v. Miles, Inc.
980 F.2d 564 (9th Cir. 1992) Cited 10,061 times 1 Legal AnalysesHolding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value
Emrich v. Touche Ross Co.
846 F.2d 1190 (9th Cir. 1988) Cited 4,037 timesHolding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
Shamrock Oil Corp. v. Sheets
313 U.S. 100 (1941) Cited 4,353 times 27 Legal AnalysesHolding that case was improperly removed: "Due regard for the rightful independence of state governments, which should actuate federal courts, requires that they scrupulously confine their own jurisdiction to the precise limits which the statute has defined."
Hartley v. CSX Transp., Inc.
187 F.3d 422 (4th Cir. 1999) Cited 948 timesHolding that when deciding a motion to remand based on an allegation of fraudulent joinder, a court must "resolv[e] all issues of law and fact in the plaintiff's favor"
Ritchey v. Upjohn Drug Co.
139 F.3d 1313 (9th Cir. 1998) Cited 817 timesHolding that only cases that become removable "sometime after the initial commencement of the action" are "barred by the one-year exception"
McCabe v. General Foods Corp.
811 F.2d 1336 (9th Cir. 1987) Cited 918 timesHolding that fraudulent joinder is established when a plaintiff "fails to state a cause of action against a resident defendant, and the failure is obvious according to the settled rules of the state"
Dodson v. Spiliada Maritime Corp.
951 F.2d 40 (5th Cir. 1992) Cited 594 timesHolding that disputed questions of fact and all ambiguities in state law must be resolved in favor of the non-removing party
Ivy v. Diamond Shamrock Chemicals Co.
901 F.2d 7 (2d Cir. 1990) Cited 412 timesHolding that the JPML “has jurisdiction to transfer a case in which a jurisdictional objection is pending”
In re Prudential Ins. Co. of America Sales Pract
170 F. Supp. 2d 1346 (W.D. Tex. 2001) Cited 239 times 1 Legal AnalysesTransferring cases; noting "remand motions can be presented to and decided by the transferee judge."
Green v. Amerada Hess Corp.
707 F.2d 201 (5th Cir. 1983) Cited 333 timesDescribing fraudulent joinder as a "judicially created doctrine"
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 110,992 times 572 Legal AnalysesHolding 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 49,888 times 149 Legal AnalysesHolding 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.”
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,050 times 104 Legal AnalysesAuthorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Section 340.5 - Health care provider's professional negligence
Cal. Code Civ. Proc. § 340.5 Cited 604 times 1 Legal AnalysesSetting forth three-year statute of limitations and reasons why it may be tolled
Section 364 - Notice to health care provider of intention to commence action
Cal. Code Civ. Proc. § 364 Cited 242 timesRequiring notice of intent to sue at least 90 days before filing a complaint asserting a health care provider's professional negligence