§Why CasetextPricing

Jessica Aparicio v. Abercrombie & Fitch Stores Inc et al

RESPONSE

30 Cited authorities

  1. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,321 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  2. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 787 times   32 Legal Analyses
    Holding that damage waivers were valid and effective unless the defendant could prove to a "legal certainty" that damages exceeded $5,000,000

  3. Guglielmino v. McKee Foods Corp.

    506 F.3d 696 (9th Cir. 2007)   Cited 719 times   9 Legal Analyses
    Holding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"

  4. Cohn v. Petsmart, Inc.

    281 F.3d 837 (9th Cir. 2002)   Cited 806 times   5 Legal Analyses
    Holding that a settlement demand was sufficient to satisfy the amount in controversy where plaintiff made no attempt to disavow the letter or offer contrary evidence

  5. Rodriguez v. AT & T Mobility Servs. LLC

    728 F.3d 975 (9th Cir. 2013)   Cited 382 times   8 Legal Analyses
    Holding that “we are bound by prior panel decisions ... and can only reexamine them when their ‘reasoning or theory’ of that authority is ‘clearly irreconcilable’ with the reasoning or theory of intervening higher authority”

  6. Lewis v. Verizon Communications

    627 F.3d 395 (9th Cir. 2010)   Cited 379 times   3 Legal Analyses
    Holding that a party "need not concede liability" to remove a case to federal court under CAFA.

  7. Galt G/S v. JSS Scandinavia

    142 F.3d 1150 (9th Cir. 1998)   Cited 471 times
    Holding that attorney's fees can be counted toward the amount in controversy requirement when a statute allows such fees

  8. Lew v. Moss

    797 F.2d 747 (9th Cir. 1986)   Cited 682 times
    Holding that residency can create a rebuttable presumption of domicile supporting diversity of citizenship

  9. Chabner v. United of Omaha Life Ins. Co.

    225 F.3d 1042 (9th Cir. 2000)   Cited 422 times
    Holding that the Unruh Act prohibits an insurance company from imposing unreasonable pricing differentials based on an applicant's disability

  10. Korn v. Polo Ralph Lauren Corp.

    536 F. Supp. 2d 1199 (E.D. Cal. 2008)   Cited 205 times   2 Legal Analyses
    Finding it reasonable to base jurisdictional amount on maximum penalty amount where complaint had specifically requested the maximum statutory penalty even though it was possible that less could be awarded at trial

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

    28 U.S.C. § 1332   Cited 111,248 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 49,986 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 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,736 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  14. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,345 times   108 Legal Analyses
    Providing discretion to hear an appeal from a remand order

  15. Section 382 - Party not consenting to joinder as plaintiff made defendant

    Cal. Code Civ. Proc. § 382   Cited 914 times   6 Legal Analyses
    Setting forth the requirements for class action certification