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· 7/19/2011

Caufield v. EMC Mortgage Corp.

Citations

  • 803 F. Supp. 2d 519
  • 2011 U.S. Dist. LEXIS 78646
  • 2011 WL 2947039

How courts have described this case

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

  • finding that “defendant was or should have been aware of Fourth Circuit’s standard for removal” and granting plaintiff’s request for fees when defendant’s argument regarding amount in controversy was without “factual basis [i]n the record”
  • using the preponderance of the evidence standard and finding that “[t]he mere possibility that the plaintiff and proposed class could meet [the amount in controversy requirement] is not enough to give this court jurisdiction”
  • “In order to demonstrate a basis for federal jurisdiction, the party seeking removal must present facts rather than speculation.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Joseph R. Goodwin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.