42 Cited authorities

  1. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,123 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so
  2. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,186 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
  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. Gaus v. Miles, Inc.

    980 F.2d 564 (9th Cir. 1992)   Cited 10,086 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
  5. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,390 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues
  6. Hunter v. Philip Morris USA

    582 F.3d 1039 (9th Cir. 2009)   Cited 1,974 times   1 Legal Analyses
    Holding that an implied preemption affirmative defense was not a permissible ground for finding fraudulent joinder
  7. Provincial Gov't of Marinduque v. Placer Dome, Inc.

    582 F.3d 1083 (9th Cir. 2009)   Cited 927 times
    Holding that "[t]he removal statute [should be] strictly construed against removal jurisdiction"
  8. Burford v. Sun Oil Co.

    319 U.S. 315 (1943)   Cited 2,407 times   7 Legal Analyses
    Holding that a federal court may abstain from exercising its equity jurisdiction where doing so would "be prejudicial to the public interest" or would "so clearly involve basic problems of [State] policy" (quoting United States ex rel. Greathouse v. Dern , 289 U.S. 352, 360, 53 S.Ct. 614, 77 L.Ed. 1250 (1933) )
  9. Hamilton v. Dow Chem.

    494 F.3d 1203 (9th Cir. 2007)   Cited 652 times
    Holding that a plaintiff need not have "notice of [the defendant's] specific intention to deceive before the fraud action accrued. All that is relevant is that a reasonable person . . . would have been on notice of a potential misrepresentation"
  10. Duncan v. Stuetzle

    76 F.3d 1480 (9th Cir. 1996)   Cited 921 times
    Holding that the district court was required to remand to state courts for lack of subject matter jurisdiction under section 1447(c) where the state court complaint failed to state a federal question under the Lanham Act as it only raised state law issues
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,391 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 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,113 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"
  13. Section 33-420 - False documents; liability; special action; damages; violation; classification

    Ariz. Rev. Stat. § 33-420   Cited 267 times   7 Legal Analyses
    Imposing liability for recording a document asserting a "claim [of] interest in" real property when the person "know or ha reason to know" the document is invalid
  14. Section 33-807 - Sale of trust property; power of trustee; foreclosure of trust deed

    Ariz. Rev. Stat. § 33-807   Cited 192 times   2 Legal Analyses
    Granting the trustee the "power of sale"
  15. Section 33-801 - Definitions

    Ariz. Rev. Stat. § 33-801   Cited 138 times   2 Legal Analyses
    Providing that “[t]he trustee's obligations ... are as specified in this chapter in the trust deed”
  16. Section 12-1101 - Parties; claim; service on attorney general

    Ariz. Rev. Stat. § 12-1101   Cited 79 times

    A. An action to determine and quiet title to real property may be brought by any one having or claiming an interest therein, whether in or out of possession, against any person or the state when such person or the state claims an estate or interest in the real property which is adverse to the party bringing the action. B. When the state is made defendant a copy of the summons and complaint shall be served upon the attorney general. A.R.S. § 12-1101

  17. Section 39-161 - Presentment of false instrument for filing; classification

    Ariz. Rev. Stat. § 39-161   Cited 21 times
    Criminalizing certain transactions involving false or forged instruments