Legal Opinion
Guglielmino v. McKee Foods Corp.
Court of Appeals for the Ninth Circuit
Decided October 9, 2007No. 05-16144PublishedCited by 567 opinions
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Concurrence by Judge O’SCANNLAIN.
*697O’SCANNLAIN, Circuit Judge:
We must decide the proper burden of proof to be borne by the removing defendant when plaintiffs move to remand the case to state court and their complaint alleges damages less than the jurisdictional threshold for diversity cases but does not specify a total amount in controversy.
I
Briant Chun-Hoon and Carlo Guglielmi-no (collectively “the Distributors”) are distributors of McKee Foods’ (“McKee”) bakery products to retail stores. Although the precise meaning of the term “distributor” is at issue in the…
2Cases cited9 opinions
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- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Antonio Abrego Abrego v. The Dow Chemical Co Shell Oil Company, D/B/A Shell Chemical Company, and Shell Agricultural Chemical CompanyCourt of Appeals for the Ninth Circuit · 2006
- Jacqueline Burns v. Windsor Insurance Co.Court of Appeals for the Eleventh Circuit · 1994
- Richard M. Sanchez v. Monumental Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1996
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3Cited by567 opinions
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- Travis Gonzales v. Carmax Auto Superstores, LLCCourt of Appeals for the Ninth Circuit · 2016
- Robert Rodriguez v. At&t Mobility Services LLCCourt of Appeals for the Ninth Circuit · 2013
- Urbino v. Orkin Servs. of California, Inc.Court of Appeals for the Ninth Circuit · 2013
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