559 U.S. 77 (2010) Cited 4,338 times 31 Legal Analyses
Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
Holding that violation of the forum-defendant rule "does not deprive a federal court of subject matter jurisdiction" according to Grubbs , "the conclusions reached by almost every other court of appeals that has addressed the issue," and "several leading commentators" such as Moore’s Federal Practice
631 F. Supp. 2d 601 (E.D. Pa. 2008) Cited 89 times
Holding that remand motion based on procedural defects, such as untimely removal, "is clearly waived if it is not raised within thirty days after the filing of the notice of removal."
Holding that a party's prior pleadings do not have evidentiary value for the purpose of assessing where that party's principal place of business is located. Representations made in prior pleadings "run contrary to the empirical facts with which the jurisdictional inquiry is concerned . . . it is axiomatic that a party may not confer or defeat jurisdiction by mere pleading . . . Rather, subject matter jurisdiction depends upon facts of record, and when any question arises as to the existence of jurisdiction a federal court is obligated to make an independent determination of those facts"
28 U.S.C. § 1331 Cited 99,236 times 136 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."
28 U.S.C. § 1441 Cited 50,910 times 151 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.”
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
28 U.S.C. § 1447 Cited 33,714 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"
28 U.S.C. § 1338 Cited 5,467 times 71 Legal Analyses
Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
Del. Code tit. 6 § 18-101 Cited 157 times 16 Legal Analyses
Including in the definition of operating agreement "any agreement . . . , written, oral or implied, of the member or members as to the affairs of a limited liability company and the conduct of its business"
Stating that a manager of a limited liability company is generally not personally liable for the "liability of the limited liability company solely by reason of being a member or acting as a manager of the limited liability company"