· 3/31/2010
Geographic Expeditions, Inc. v. Estate of Lhotka
Citations
- 599 F.3d 1102
- 2010 U.S. App. LEXIS 6606
- 2010 WL 1241812
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that remand is proper “if there is any doubt as to the right of removal in the first instance”
- holding that courts should remand cases “if there is any doubt as to the right of removal in the first instance”
- holding that the proponent of federal jurisdiction has the burden of 28 establishing that the amount in controversy is satisfied
- holding that under the legal certainty test “a federal court has subject matter jurisdiction unless upon the face of the complaint, it is obvious that the suit cannot involve the necessary amount”
- explaining that federal 17 courts construe removal statutes in favor of remanding a case to state court
- explaining that preponderance standard 23 applies in removal cases as opposed to cases originally filed in federal court
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Clifton, Bea
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.