McCraw v. Lyons

How courts have described this case

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

• concluding a defendant’s burden to prove jurisdiction by a preponderance of the evidence “does not place upon the defendant the daunting burden imposed by the legal certainty test, to research, state, and prove the plaintiff’s claims for damages”
• “Interrogatories may be propounded at the same time that the petition for removal is filed. If Plaintiff seeks remand, Defendant may request that the Court delay a decision pending completion of limited discovery.”
• preponderance of the evidence standard for removal does not require defendants to research or prove the plaintiffs claim for damages
• “[A] defendant’s failure to comply with the statute’s thirty-day limitation is an absolute bar to removal regardless of whether the removal would have been proper if timely filed.”

Source: CourtListener parenthetical corpus (CC0).