§Why CasetextPricing

Stoops v. Wells Fargo Bank, N.A.

RESPONSE IN OPPOSITION to 81 Motion to Amend/Correct, Motion for Judgment

44 Cited authorities

  1. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,318 times   235 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"

  2. Grupo Dataflux v. Atlas Glob. Grp., L.P.

    541 U.S. 567 (2004)   Cited 2,182 times   3 Legal Analyses
    Holding that a party's post-filing change in citizenship cannot cure a lack of diversity jurisdiction from the lawsuit's outset

  3. Quackenbush v. Allstate Ins. Co.

    517 U.S. 706 (1996)   Cited 2,644 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. Hollingsworth v. Perry

    570 U.S. 693 (2013)   Cited 996 times   16 Legal Analyses
    Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal

  5. Federated Department Stores, Inc. v. Moitie

    452 U.S. 394 (1981)   Cited 2,947 times   5 Legal Analyses
    Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"

  6. Bell v. Hood

    327 U.S. 678 (1946)   Cited 4,396 times
    Holding that an asserted federal claim triggers federal question jurisdiction unless the claim "clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial and frivolous"

  7. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,173 times   14 Legal Analyses
    Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"

  8. United States v. Stanley

    483 U.S. 669 (1987)   Cited 542 times   2 Legal Analyses
    Holding that "special factors" counseling against a Bivens remedy may exist even when the claim asserted is against civilian personnel, so long as military affairs are implicated

  9. Thornhill Pub. v. General Telephone Elec

    594 F.2d 730 (9th Cir. 1979)   Cited 2,968 times
    Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment

  10. Sanchez v. Monumental Life Ins. Co

    102 F.3d 398 (9th Cir. 1996)   Cited 1,375 times   2 Legal Analyses
    Holding that defendants bears the burden to show that removal is proper

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,025 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."

  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 55,111 times   152 Legal Analyses
    Granting relief from the operation of a judgment

  13. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 44,605 times   69 Legal Analyses
    Providing that a motion to alter or amend judgment must be filed within 28 days after entry of judgment

  14. 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"

  15. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,665 times   199 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders