§Why CasetextPricing

In Re: Kugel Mesh Hernia Patch Products Liability Litigation

REPLY MEMORANDUM re Response in Opposition to Motion, [81] MOTION to Remand to State Court in Further Support of Motion to Remand.

8 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,954 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,426 times   14 Legal Analyses
    Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

  3. Shamrock Oil Corp. v. Sheets

    313 U.S. 100 (1941)   Cited 4,360 times   27 Legal Analyses
    Holding 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."

  4. BIW Deceived v. Local S6, Industrial Union of Marine & Shipbuilding Workers of America

    132 F.3d 824 (1st Cir. 1997)   Cited 279 times
    Holding that "state law is preempted whenever a plaintiff's claim invokes rights derived from a union's duty of fair representation"

  5. Spielman v. Genzyme Corp.

    251 F.3d 1 (1st Cir. 2001)   Cited 233 times
    Holding that attorney's fees may be included in "the amount-in-controversy determination . . . when a statute mandates or allows payment of the fees"

  6. Rossello-Gonzalez v. Calderon-Serra

    398 F.3d 1 (1st Cir. 2004)   Cited 136 times
    Holding that "any ambiguity as to the source of law relied upon by the plaintiffs ought to be resolved against removal"

  7. Doughty v. Hyster New England, Inc.

    344 F. Supp. 2d 217 (D. Me. 2004)   Cited 19 times
    Remanding case because defendant failed to "establish[] by a preponderance of the evidence that the amount in controversy exceeds $75,000"

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

    28 U.S.C. § 1332   Cited 111,223 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"