Burr Ex Rel. Burr v. Toyota Motor Credit Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the party seeking removal bears the burden of proving that the jurisdictional and procedural requirements of removal have been met
• noting that defects in removal procedure are not jurisdictional issues triggering mandatory remand
• noting that, when a complaint does not state the amount in controversy, a court may consider the nature of the claims and factual allegations in the pleadings, among other factors, to estimate the amount in controversy
• noting that, when a complaint does not state the amount in controversy, a court may consider the nature of the claims and factual allegations in the pleadings, among other factors, to estimate the amount in controversy
• “At all times the party asserting jurisdiction bears the burden of proof that jurisdictional and procedural requirements have been met.”
• “To sustain its burden of proof, [defendant] must do more than state its ‘belief’ as to when process was served.”

Source: CourtListener parenthetical corpus (CC0).