§Why CasetextPricing

Pham et al v. JPMorgan Chase Bank, N.A. et al

MOTION to Remand

46 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,913 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,908 times   602 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  3. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,591 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  4. Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg.

    545 U.S. 308 (2005)   Cited 3,334 times   47 Legal Analyses
    Holding "that the national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal-question jurisdiction."

  5. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,899 times   45 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  6. Empire Healthchoice v. McVeigh

    547 U.S. 677 (2006)   Cited 1,802 times   10 Legal Analyses
    Holding that the federal government's "overwhelming interest in attracting able workers to the federal workforce" and "in the health and welfare of the federal workers upon whom it relies to carry out its functions" was insufficient to transform a "state-court-initiated tort litigation" into a "federal case"

  7. Merrell Dow Pharms. Inc. v. Thompson

    478 U.S. 804 (1986)   Cited 3,600 times   4 Legal Analyses
    Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act

  8. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,929 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  9. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 10,382 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

  10. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,529 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

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

    28 U.S.C. § 1332   Cited 114,655 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 51,292 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. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,983 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"

  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,503 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,383 times   109 Legal Analyses
    Providing discretion to hear an appeal from a remand order

  16. Section 632 - Jurisdiction of United States courts; disposition by banks of foreign owned property

    12 U.S.C. § 632   Cited 306 times   4 Legal Analyses
    Providing for federal jurisdiction over suits arising out of transactions involving international banking