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· 12/10/1996

Richard M. Sanchez v. Monumental Life Insurance Company

Citations

  • 102 F.3d 398
  • 1996 WL 726408

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 amount in controversy requirement cannot be fulfilled by the mere possibility of recovery above the jurisdictional amount
  • concluding that the amount-in-controversy requirement went unsatisfied and thus “va-cat[ing] the district court’s judgment and remand[ing] the case to the district court with instructions to enter an order remanding the case to state court”
  • observing that a preponderance of the evidence 27 means “it is ‘more likely than not’ that the amount in controversy exceeds” the jurisdictional 28 threshold.
  • observing that the “defendant must provide evidence establishing that it is ‘more likely than not’ that the amount in controversy exceeds that amount”
  • observing that a preponderance of the evidence 20 means “it is ‘more likely than not’ that the amount in controversy exceeds” the jurisdictional 21 threshold.
  • noting that the removing 27 defendant faces a strong presumption against removal and bears the burden of establishing that 28 removal is proper

Source: CourtListener parenthetical corpus (CC0).

Judges: Hall, O'Scannlain, Kleinfeld

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.