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Paz v. Playtex Products, Inc. et al

RESPONSE in Opposition re MOTION to Remand to State Court for Lack of Subject Matter Jurisdiction

30 Cited authorities

  1. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 10,297 times   1 Legal Analyses
    Holding that a conclusory allegation "neither overcomes the 'strong presumption' against removal jurisdiction, nor satisfies [the defendant]'s burden of setting forth, in the removal petition itself, the underlying facts supporting its assertion that the amount in controversy exceeds" the applicable dollar value

  2. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,505 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. Allen v. R H Oil Gas Co.

    63 F.3d 1326 (5th Cir. 1995)   Cited 1,660 times   2 Legal Analyses
    Holding that when a complaint alleges no specific amount of damages, the amount in controversy requirement may be met "if it is facially apparent that the claims are likely above [the requisite amount]"

  4. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,356 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  5. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 791 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

  6. Singer v. State Farm Mutual Auto. Ins. Co.

    116 F.3d 373 (9th Cir. 1997)   Cited 1,093 times   1 Legal Analyses
    Holding plaintiff's admission in open court established amount in controversy

  7. Cohn v. Petsmart, Inc.

    281 F.3d 837 (9th Cir. 2002)   Cited 828 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

  8. IN RE FORD MOTOR CO./CITIBANK, N.A.

    264 F.3d 952 (9th Cir. 2001)   Cited 685 times
    Holding that “the amount in controversy requirement cannot be satisfied by showing that the fixed administrative costs of compliance exceed $ 75,000” because to hold otherwise would be “fundamentally violative of the principle underlying the jurisdictional amount requirement—to keep small diversity suits out of federal court”

  9. Rogers v. Wal-Mart Stores, Inc.

    230 F.3d 868 (6th Cir. 2000)   Cited 666 times
    Holding post-removal stipulations to limit damages to less than the statutory amount cannot defeat diversity jurisdiction because jurisdiction is determined at the time of removal

  10. Gibson v. Chrysler Corp.

    261 F.3d 927 (9th Cir. 2001)   Cited 568 times   1 Legal Analyses
    Holding that the value of unnamed class members' claims cannot satisfy the amount-in-controversy requirement of 28 U.S.C. § 1367

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

    28 U.S.C. § 1332   Cited 113,606 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 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.”

  13. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,022 times   84 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  14. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,846 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

  15. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,576 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  16. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,373 times   109 Legal Analyses
    Providing discretion to hear an appeal from a remand order

  17. Rule 1002 - Requirement of the Original

    Fed. R. Evid. 1002   Cited 1,115 times   8 Legal Analyses
    Stating that "[t]o prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required"

  18. Rule 106 - Remainder of or Related Statements

    Fed. R. Evid. 106   Cited 1,087 times   10 Legal Analyses
    Providing that a party is entitled to the admission of any part of a recorded statement which ought, in fairness, be considered contemporaneously with the portion of a statement excerpted by an adverse party