93 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,208 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"
  2. Caterpillar Inc. v. Lewis

    519 U.S. 61 (1996)   Cited 3,018 times   3 Legal Analyses
    Holding that "diversity became complete" when a nondiverse party settled and was dismissed from the case and that therefore "[t]he jurisdictional defect was cured"
  3. Quackenbush v. Allstate Ins. Co.

    517 U.S. 706 (1996)   Cited 2,575 times   5 Legal Analyses
    Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)
  4. Business Guides v. Chromatic Comm. Enterprises

    498 U.S. 533 (1991)   Cited 901 times
    Holding that Federal Rule of Civil Procedure 11 was not a fee-shifting provision because Rule 11 sanctions were not “tied to the outcome of litigation,” instead turning on whether a “specific filing” was well founded, and shifted the costs of a “discrete” portion of the litigation rather than the litigation as a whole
  5. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 912 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."
  6. Ritchey v. Upjohn Drug Co.

    139 F.3d 1313 (9th Cir. 1998)   Cited 818 times
    Holding that only cases that become removable "sometime after the initial commencement of the action" are "barred by the one-year exception"
  7. Eastway Const. Corp. v. City of New York

    762 F.2d 243 (2d Cir. 1985)   Cited 1,191 times
    Holding Fed.R.Civ.P. 11 requires sanctions against "an attorney and/or his client when it appears that a pleading has been interposed for any improper purpose, or where, after reasonable inquiry, a competent attorney could not form a reasonable belief that the pleading is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law."
  8. Baffa v. Donaldson, Lufkin & Jenrette Secs. Corp.

    222 F.3d 52 (2d Cir. 2000)   Cited 685 times   2 Legal Analyses
    Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"
  9. Schlaifer Nance Co., Inc. v. Est. of Warhol

    194 F.3d 323 (2d Cir. 1999)   Cited 493 times
    Holding that a motion describing the sanctionable conduct and the source of authority for the sanction provided notice
  10. Brierly v. Alusuisse Flexible Packaging Inc.

    184 F.3d 527 (6th Cir. 1999)   Cited 492 times
    Holding that the one-year rule only applies to cases that were not removable based on the initial pleading
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,364 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,409 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,029 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.”
  14. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,694 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
  15. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,772 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  16. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,108 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"
  17. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,767 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  18. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,114 times   87 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"
  19. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,568 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case
  20. Section 3017 - Demand for relief

    N.Y. CPLR 3017   Cited 701 times

    (a) Generally. Except as otherwise provided in subdivision (c) of this section, every complaint, counterclaim, cross-claim, interpleader complaint, and third-party complaint shall contain a demand for the relief to which the pleader deems himself entitled. Relief in the alternative or of several different types may be demanded. Except as provided in section 3215, the court may grant any type of relief within its jurisdiction appropriate to the proof whether or not demanded, imposing such terms as