§Why CasetextPricing

Monroe v. Smithkline Beecham Corporation et al

Memorandum Defendant GlaxoSmithKline LLC's Amended Memorandum in Opposition to Plaintiffs' Motion to Remand re MOTION to Remand

23 Cited authorities

  1. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,423 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”

  2. Carden v. Arkoma Associates

    494 U.S. 185 (1990)   Cited 2,531 times   10 Legal Analyses
    Holding that limited partnerships are deemed citizens of every state where any partner resides

  3. Zambelli Fireworks Mfg. v. Wood

    592 F.3d 412 (3d Cir. 2010)   Cited 1,427 times   3 Legal Analyses
    Holding that for purposes of diversity jurisdiction, “the citizenship of an LLC is determined by the citizenship of its members”

  4. Korea Exchange Bank v. Trackwise Sales Corp.

    66 F.3d 46 (3d Cir. 1995)   Cited 140 times
    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

  5. Ramos v. Quien

    631 F. Supp. 2d 601 (E.D. Pa. 2008)   Cited 91 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."

  6. Mennen Co. v. Atl. Mut. Ins. Co.

    147 F.3d 287 (3d Cir. 1998)   Cited 103 times
    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"

  7. Topp v. Compair Inc.

    814 F.2d 830 (1st Cir. 1987)   Cited 93 times
    Finding that district court erred by holding that subsidiary's principal place of business was location of a parent company's headquarters

  8. Roxbury Condominium Ass'n v. Anthony S. Cupo Agency

    316 F.3d 224 (3d Cir. 2003)   Cited 39 times
    Finding that district court had no power to remand for a procedural defect once the 30-day statutory period lapsed

  9. Pippett v. Waterford Development, LLC

    166 F. Supp. 2d 233 (E.D. Pa. 2001)   Cited 27 times
    Treating a LLC as a corporate defendant for purposes of section 1391(c)

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

    28 U.S.C. § 1332   Cited 114,799 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"

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,124 times   139 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."

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,346 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.”

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,999 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."

  14. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 34,017 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"

  15. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,490 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"

  16. Section 18-101 - Definitions

    Del. Code tit. 6 § 18-101   Cited 158 times   17 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"

  17. Section 18-303 - Liability to third parties

    Del. Code tit. 6 § 18-303   Cited 73 times
    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"

  18. Section 18-214 - Conversion of certain entities to a limited liability company

    Del. Code tit. 6 § 18-214   Cited 19 times
    Allowing certain entities to convert to an LLC

  19. Section 265 - Conversion of other entities to a domestic corporation

    Del. Code tit. 8 § 265   Cited 13 times   1 Legal Analyses
    Regarding conversion of a foreign entity into a Delaware corporation