· 3/10/2008
Ellenburg v. Spartan Motors Chassis, Inc.
Citations
- 519 F.3d 192
- 2008 U.S. App. LEXIS 5076
- 2008 WL 624920
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 burden “is no greater than is required to establish federal jurisdiction as alleged in a complaint”
- holding that “a removing party’s notice of removal sufficiently establish[es] jurisdictional grounds for removal by making jurisdictional allegations in the same manner” as a plaintiff’s complaint
- concluding that “it was inappropriate” to impose “a higher pleading standard” on a notice of removal “than the one imposed on a plaintiff in drafting an initial complaint”
- holding that a district court’s remanding of an action because the greater than $75,000 value of damages allegation in the notice of removal was based “upon information and belief” constituted reversible error
- stating that the removing party is held to same pleading standard as plaintiff filing initial complaint
- observing that “a plaintiff’s complaint sufficiently establishes diversity jurisdiction if it alleges that the parties are of diverse citizenship and that the matter in controversy exceeds [$75,000]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer, Gregory, Jones, Western, Virginia
Read full opinion on CourtListenerSourced 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.