White v. FCI USA, Inc., 319 F.3d 672 (5th Cir. 2003). · Go Syfert
White v. FCI USA, Inc., 319 F.3d 672 (5th Cir. 2003). Cases Citing This Book View Copy Cite
134 citation events (134 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Roberson v. Williams
W.D. La. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
the amount in controversy should be determined at the time of filing.
discussed Cited as authority (verbatim quote) Cunningham v. Marriott International, Inc. (2×) also: Cited as authority (rule)
E.D. La. · 2024 · quote attribution · 1 verbatim quote · confidence high
the amount in controversy should be determined at the time of filing.
discussed Cited as authority (verbatim quote) Solis v. Rickman (2×) also: Cited as authority (rule)
E.D. Tex. · 2019 · quote attribution · 1 verbatim quote · confidence high
white never specified the total amount of monetary relief she was seeking
discussed Cited as authority (rule) Dennis Peterson and Bonnie Peterson v. State Farm Fire and Casualty Company and John Does 1–5 (2×)
S.D. Miss. · 2026 · confidence medium
If the defendant satisfies this burden, “removal is proper, provided plaintiff has not shown that it is legally certain that his recovery will not exceed the amount stated.” White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
discussed Cited as authority (rule) Gauthier v. Goodyear Tire & Rubber
5th Cir. · 2025 · confidence medium
To succeed on a Sabine Pilot claim, “the plaintiff must prove that: (1) [he] was required to commit an illegal act which carries criminal penalties; (2) [he] refused to engage in the illegality; (3) [he] was discharged; [and] (4) the sole reason for [his] discharge was [his] refusal to commit an unlawful act.” White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
cited Cited as authority (rule) Willis Gody v. Lowes Home Centers L L C
W.D. La. · 2025 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
discussed Cited as authority (rule) Walker v. Performance Food Group, Inc. (2×) also: Cited "see"
W.D. Tex. · 2025 · confidence medium
To state a prima facie case of wrongful termination under Sabine Pilot, the plaintiff must allege that: “(1) she was required to commit an illegal act which carries criminal penalties; (2) she refused to engage in the illegality; (3) she was discharged; (4) the sole reason for her discharge was her refusal to commit an unlawful act.” White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
discussed Cited as authority (rule) Jones v. Driver Pipeline
N.D. Tex. · 2025 · confidence medium
To establish a prima facie case of wrongful termination under Sabine Pilot, the plaintiff must allege that: 1) he “was required to commit an illegal act which carries criminal penalties;” 2) he refused to engage in the illegal act; 3) he was fired; and 4) “the sole reason for [his] discharge was [his] refusal to commit an unlawful act.” White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
discussed Cited as authority (rule) Isakson v. Roberts Markel Weinberg Butler Hailey PC
S.D. Tex. · 2025 · confidence medium
To establish a prima facie case of wrongful termination under Sabine Pilot, an employee must show: “(1) he was required to commit an illegal act which carries criminal penalties; (2) he refused to engage in the illegality: (3) he was discharged; and (4) the sole reason for his 5 | □ discharge was his refusal to commit an unlawful act.” White v. FCI USA, Inc., 319 F.3d 672, 676 (Sth Cir. 2003) (citing Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985).
discussed Cited as authority (rule) Waldrop v. CINEMARK USA, INC.
E.D. Tex. · 2025 · confidence medium
The plaintiff’s burden to demonstrate the amount in controversy is “[n]ormally . . . satisfied if the plaintiff claims a sum greater than the jurisdictional requirement.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (citations omitted).
cited Cited as authority (rule) Miraglia v. Walmart Inc.
W.D. Tex. · 2025 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (citation omitted).
discussed Cited as authority (rule) Burch v. Phifer
W.D. Tex. · 2025 · confidence medium
“Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $ 75,000.” White v. FCI USA, Inc., 319 F.3d 672, 674-675 (5th Cir. 2003).
discussed Cited as authority (rule) Simmons v. State Farm Fire and Casualty Company
M.D. La. · 2025 · confidence medium
Sept. 5, 2014), citing White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003). forces the defendant to do more than point to a state law that might allow the plaintiff to recover more than what is pleaded.
cited Cited as authority (rule) Lee v. Alfa General Insurance Corporation
S.D. Miss. · 2025 · confidence medium
Dec. 11, 2017) (quoting White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
discussed Cited as authority (rule) Harville v. EthosEnergy Field Services, LLC
S.D. Tex. · 2024 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003) (citing Sabine Pilot, 687 S.W.2d at 735 ).” “[I]n order for [a] Plaintiff to prevail on a Sabine Pilot claim, a court would have to find that [he] refused to commit an act that would actually have subjected [him] to criminal penalties.” Marren v. Stout, 930 F Supp. 2d 675, 681 n.2 (W.D.
discussed Cited as authority (rule) Maurice v. Winn Dixie Montgomery, LLC
E.D. La. · 2024 · confidence medium
Plaintiff does not allege that he suffered nerve damage, herniated discs, or that his injuries resulted in any 28 Lottinger, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 29 R.
discussed Cited as authority (rule) Lucero v. Diaz
W.D. Tex. · 2024 · confidence medium
“Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $ 75,000.” White v. FCI USA, Inc., 319 F.3d 672, 674-675 (5th Cir. 2003).
discussed Cited as authority (rule) Jones v. Brush Country Nursing and Rehabilitation
W.D. Tex. · 2024 · confidence medium
“Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $ 75,000.” White v. FCI USA, Inc., 319 F.3d 672, 674-675 (5th Cir. 2003).
discussed Cited as authority (rule) Smith v. American Pain and Wellness, PLLC
E.D. Tex. · 2024 · confidence medium
The plaintiff’s 1 The Court will consider additional arguments related to jurisdiction in the event that they are properly presented. burden to demonstrate the amount in controversy is “[n]ormally . . . satisfied if the plaintiff claims a sum greater than the jurisdictional requirement.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (citations omitted).
discussed Cited as authority (rule) Vo v. Allstate Fire and Casualty Insurance Company
N.D. Tex. · 2024 · confidence medium
Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998) (cleaned up; emphasis added); • “[w]hen a case is removed and the complaint does not allege a specific amount of damages, the defendant must prove by a preponderance of the evidence that the amount in controversy requirement is met,” H&D Tire & Auto.-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326 , 328 n.2 (5th Cir. 2000) (cleaned up; emphasis added); • “[w]here the plaintiff fails to allege a specific amount of damages, this Court has prescribed a procedure for determining the amount in controversy: In r…
discussed Cited as authority (rule) Werder v. Allstate Fire and Casualty Insurance Company
N.D. Tex. · 2024 · confidence medium
Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998) (cleaned up; emphasis added); • “[w]hen a case is removed and the complaint does not allege a specific amount of damages, the defendant must prove by a preponderance of the evidence that the amount in controversy requirement is met,” H&D Tire & Auto.-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326 , 328 n.2 (5th Cir. 2000) (cleaned up; emphasis added); • “[w]here the plaintiff fails to allege a specific amount of damages, this Court has prescribed a procedure for determining the amount in controversy: In r…
discussed Cited as authority (rule) Escareno v. Stylecraft Home Collection Inc
N.D. Tex. · 2024 · confidence medium
Paul Reinsurance Co., Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir. 1998) (cleaned up; emphasis added);o • “[w]hen a case is removed and the complaint does not allege a specific amount of damages, the defendant must prove by a preponderance of the evidence that the amount in controversy requirement is met,” H&D Tire & Auto.-Hardware, Inc. v. Pitney Bowes Inc., 227 F.3d 326 , 328 n.2 (5th Cir. 2000) (cleaned up; emphasis added); • “[w]here the plaintiff fails to allege a specific amount of damages, this Court has prescribed a procedure for determining the amount in controversy: In …
cited Cited as authority (rule) Pierce v. Amerifield Inc
N.D. Tex. · 2023 · confidence medium
Id.; White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
discussed Cited as authority (rule) Welch v. Occidental Fire & Casualty Company of North Carolina
E.D. La. · 2023 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 47 Luckett v. Delta Airlines, 171 F.3d 295, 298 (5th Cir. 1999). 48 Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 883 (5th Cir. 2000). 49 Id. (citing Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999)). 50 R.
cited Cited as authority (rule) Moorhouse v. Liberty County Mutual Insurance Company
E.D. La. · 2023 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 26 See, 28 U.S.C. § 1447 (c). 27 Howery v. Allstate Ins.
discussed Cited as authority (rule) Crystal Ketchup v. Gruma Corporation (2×) also: Cited "see"
C.D. Cal. · 2023 · confidence medium
(Notice of Removal ¶ 19.) Defendant argues that “[o]ther courts have found the jurisdictional amount satisfied in employment lawsuits where the specified damages were similar the damages Plaintiff seeks here.” (Id. ¶ 22.) In support of that proposition, Defendant provides a three-case string citation: See Simmons, 209 F.Supp.2d at 1031 (jurisdictional minimum was satisfied in an employment discrimination case where plaintiff’s lost wages totaled $25,600, but plaintiff also sought unspecified amounts in attorney’s fees, punitive damages, and emotional distress damages); White v. FCI U…
cited Cited as authority (rule) Parenteau v. Justus
E.D. La. · 2023 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 44 See, 28 U.S.C. § 1447 (c). 45 Howery v. Allstate Ins.
cited Cited as authority (rule) Cleartrac v. Lanrick Contractors
5th Cir. · 2022 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
cited Cited as authority (rule) Tanguis v. Cracker Barrel Old Country Store, Inc.
E.D. La. · 2022 · confidence medium
Art. 893. 24 Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999); Luckett, 171 F.3d at 298 . 25 White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
cited Cited as authority (rule) Pierce v. Amerifield Inc
N.D. Tex. · 2022 · confidence medium
Id. (citing White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003)).
discussed Cited as authority (rule) Despanza v. Capital Motor Lines
E.D. La. · 2022 · confidence medium
P. arts. 893 & 862). 47 Luckett v. Delta Airlines, Inc., 171 F.3d 295, 298 (5th Cir. 1999) (citing De Aguilar v. Boeing Co., 11 F.3d 55, 58 (5th Cir. 1993)). 48 Luckett, 171 F.3d at 298 (quoting Allen v. R&H Oil & Gas Co., 63 F.3d 1326, 1335 (5th Cir. 1995)) (internal quotation marks omitted). 49 Lottinger, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted).
discussed Cited as authority (rule) Mier v. Sompo America Insurance Company
M.D. La. · 2022 · confidence medium
To establish the amount in controversy by a preponderance of the evidence requires submission of “summary judgment-type evidence.” White v. FCI, USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003) (finding that, if it is not facially apparent, the court may rely on “summary judgment-type” evidence relevant to amount in controversy at the time of removal to make the determination whether the requisite amount in controversy has been established).
cited Cited as authority (rule) Parsons v. Priester Aviation, LLC
S.D. Tex. · 2022 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003) (citing Sabine Pilot, 687 S.W.2d at 735 ).
discussed Cited as authority (rule) Anderson v. Safeco Insurance Company of Illinois
S.D. Miss. · 2021 · confidence medium
According to the United States Court of Appeals for the Fifth Circuit, “the jurisdictional facts that support removal must be judged at the time of the removal.” White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003) (quotation omitted).
discussed Cited as authority (rule) Snow v. Mike Bloomberg 2020 (2×) also: Cited "see"
5th Cir. · 2021 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (citing Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1336 (5th Cir. 1995)).
discussed Cited as authority (rule) Isom v. Former US President Barack Obama
N.D. Tex. · 2021 · confidence medium
“Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $ 75,000.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
discussed Cited as authority (rule) Isom v. Easeware Technology Limited: Driver Easy
N.D. Tex. · 2021 · confidence medium
“Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $ 75,000.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
discussed Cited as authority (rule) Goins v. Jazz Casino Co., LLC
E.D. La. · 2021 · confidence medium
PROC. art. 893. 12 Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999); Luckett v. Delta Airlines, Inc., 171 F.3d 295, 298 (5th Cir. 1999). 13 White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003); see also Simon, 193 F.3d at 850 ; Luckett, 171 F.3d at 298 .
cited Cited as authority (rule) Talbert v. Indian Harbor Insurance Company
E.D. La. · 2021 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 34 See, 28 U.S.C. § 1447 (c). 35 Howery v. Allstate Ins.
cited Cited as authority (rule) Butler v. Progressive Security Insurance Company
E.D. La. · 2021 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). 73 R.
discussed Cited as authority (rule) Early v. Mississippi Farm Bureau Casualty Insurance Company
E.D. La. · 2021 · confidence medium
A. No. 13-6193, 2014 WL 4403440 at *2 (quoting White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003)) (internal quotation marks omitted). wages, loss of earning capacity, medical expenses, etc., without any indication of the amount of the damages sought, does not provide sufficient information for the removing defendant to meet his burden of proving that the amount in controversy is satisfied under the facially apparent test.33 Although the Amended Notice of Removal is not a model of clarity, to the extent Farm Bureau claims that it is facially apparent from Plaintiffs’ March 25, 2021 di…
discussed Cited as authority (rule) Cenac v. Walsworth Publishing Company, Inc.
E.D. La. · 2021 · confidence medium
PROC. art. 893. 19 Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999); Luckett v. Delta Airlines, Inc., 171 F.3d 295, 298 (5th Cir. 1999). 20 White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003); see also Simon, 193 F.3d at 850 ; Luckett, 171 F.3d at 298 . 21 R.
discussed Cited as authority (rule) Yadav v. Frost Bank
W.D. Tex. · 2020 · confidence medium
Compl. [#38] at ¶ 43.) Under Texas law, there is an exception to Texas’s employment-at-will doctrine, “which permits suits for wrongful termination where the employee was terminated for refusal to perform illegal acts.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (citing Sabine Pilot Servs., 687 S.W.2d at 735 ).
examined Cited as authority (rule) Yadav v. Frost Bank (3×) also: Cited "see"
W.D. Tex. · 2020 · confidence medium
Pet. [#1] at 10.) Under Texas law, there is an exception to Texas’s employment-at-will doctrine, “which permits suits for wrongful termination where the employee was terminated for refusal to perform illegal acts.” White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003).
discussed Cited as authority (rule) Garcia v. Cornerstone Industries Corp.
W.D. Tex. · 2020 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003) (quoting Sabine Pilot, 687 S.W.2d at 735 ; Burt v. City of Burkburnett, 800 S.W.2d 625 , 626–27 (Tex. App. 1990)).2 The illegal act in question here is 8 U.S.C. § 1324 (a)(1)(A)(ii), Transporting Aliens Within the United States, which imposes penalties on one who: knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furthe…
discussed Cited as authority (rule) Payne v. Oakwood Homes
W.D. Tex. · 2020 · confidence medium
Second, “[i]f it is not thus apparent, the court may rely on ‘summary judgment-type’ evidence to ascertain the amount in controversy.” Id. (citing White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir. 2003) (quoting St.
cited Cited as authority (rule) Williams v. Sentry Select Insurance Company
E.D. La. · 2020 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 675 (5th Cir.2003).
discussed Cited as authority (rule) Barra v. Rayborn Trucking
E.D. La. · 2019 · confidence medium
Art. 893. 27 Simon v. Wal-Mart Stores, Inc., 193 F.3d 848, 850 (5th Cir. 1999); Luckett, 171 F.3d at 298 . 28 White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003); see also Simon, 193 F.3d at 850 ; Luckett, 171 F.3d at 298 . 29 De Aguilar v. Boeing Co., 47 F.3d 1404, 1411-12 (5th Cir. 1995); see also Sterns v. Scottsdale Ins.
cited Cited as authority (rule) Swanson v. Hempstead
N.D. Miss. · 2017 · confidence medium
Co. v. Red Cab Co., 303 U.S. 283, 289 , 58 S.Ct. 586, 590 , 82 L.Ed. 845 (1938); White v. FCI USA, Inc., 319 F.3d 672, 676 (5th Cir. 2003).
cited Cited as authority (rule) Espinoza v. Allstate Texas Lloyd's
W.D. Tex. · 2016 · confidence medium
White v. FCI USA, Inc., 319 F.3d 672, 674 (5th Cir. 2003) (per curiam) (citing St.
Retrieving the full opinion text from the archive…
Regina WHITE, Plaintiff-Appellant,
v.
FCI USA, INC., Defendant-Appellee
02-50890.
Court of Appeals for the Fifth Circuit.
Jan 22, 2003.
319 F.3d 672
Thomas A. Spieczny, El Paso, TX, for Plaintiff-Appellant., Michael David McQueen, Walker Field Crowson, Kemp Smith, El Paso, TX, for Defendant-Appellee.
Higginbotham, Smith, Clement.
Cited by 94 opinions  |  Published
PER CURIAM:

Plaintiff-Appellant asserts that the district court erred in finding the $75,000[*674] amount-in-controversy requirement satisfied and granting summary judgment in favor of the Defendanfi-Appellee. This Court affirms.

I.' FACTS AND PROCEEDINGS

Plaintiff-Appellant Regina White (“White”) brought suit against Defendant-Appellee FCI USA, Inc. (“FCI”), White’s former employer, for wrongful termination on March 29, 2001, in the 246th Judicial District Court of El Paso County, Texas (“state court”). White based her suit upon Sabine Pilot Service, Inc. v. Hauck, 687 S.W.2d 733, 736 (Tex.1985), which permits suits for wrongful termination where the employee was terminated for refusal to perform illegal acts.

In her Original Petition, White prayed that the judgment include punitive damages, attorney’s fees, pre-judgment interest, court costs, and compensatory damages for lost pay, lost fringe benefits, front pay, loss of wage earning capacity, harm to White’s credit and credit reputation, and mental anguish and emotional distress (both past and future). The Original Petition did not specify how much monetary relief White was seeking.

FCI removed on May 25, 2001, asserting removal jurisdiction on the basis of diversity. In its Notice of Removal, FCI asserted that the amount in controversy exceeded $75,000.

White filed a Motion to Remand, but the U.S. District Court for the Western District of Texas (“district court”) denied her motion. The district court concluded that FCI had set forth facts sufficient to show by a preponderance of the evidence that the $75,000 amount-in-controversy requirement was met.

II.STANDARD OF REVIEW

This Court reviews a district court’s determination of the amount in controversy de novo. Allen v. R & H Oil & Gas Co., 63 F.3d 1326, 1336 (5th Cir.1995).

“A grant of summary judgment is reviewed de novo ... Summary judgment is appropriate when there ‘is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.’ ” Quorum Health Res., L.L.C. v. Maverick County Hosp. Dist., 308 F.3d 451, 458 (5th Cir.2002) (citations omitted) (quoting Conoco, Inc. v. Medic Systems, Inc., 259 F.3d 369, 371 (5th Cir.2001)). This Court “must view facts and inferences in the light most favorable to the party opposing the motion. A factual dispute precludes a grant of summary judgment if the evidence would permit a reasonable jury to return a verdict for the nonmoving party.” Id.

III.ANALYSIS

This appeal presents this Court with two issues: first, whether the amount-in-controversy requirement was met, and second, whether the district court was correct in granting summary judgment for the Defendant-Appellee.

A.

Diversity jurisdiction under 28 U.S.C. § 1332 only exists where the parties are citizens of different states and the amount in controversy exceeds $75,000. 28 U.S.C.A. § 1332 (West 1993 & Supp. 2001). White correctly notes that the amount in controversy should be determined at the time of filing. St. Paul Reinsurance Co. Ltd. v. Greenberg, 134 F.3d 1250, 1253 (5th Cir.1998). “Normally, this burden is satisfied if the plaintiff claims a sum greater than the jurisdictional requirement.” Phillips v. Kansas City S. Ry. Co., 1995 WL 529862, 1995 U.S. Dist. LEXIS 12983, at *2 (1995) (citing Gaus v. [*675] Miles, Inc., 980 F.2d 564, 566 (9th Cir.1992)). However, White never specified the total amount of monetary relief she was seeking.

Where the plaintiff fails to allege a specific amount of damages, this Court has prescribed a procedure for determining the amount in controversy:

In removal practice, when a complaint does not allege a specific amount of damages, the party invoking federal jurisdiction must prove by a preponderance of the evidence that the amount in controversy exceeds the jurisdictional amount. The district court must first examine the complaint to determine whether it is “facially apparent” that the claims exceed the jurisdictional amount. If it is not thus apparent, the court may rely on “summary judgment-type” evidence to ascertain the amount in controversy.

St. Paul Reinsurance, 134 F.3d at 1253 (citations omitted); De Aguilar v. Boeing Co., 11 F.3d 55, 57-58 (5th Cir.1993) [hereinafter De Aguilar I ].

The district court examined the Original Petition on its face and evaluated the evidence presented by FCI. The district court concluded it was “more probable than not” that the lengthy list of compensatory and punitive damages sought by White, when combined with attorney’s fees, would exceed $75,000. Allen, 63 F.3d at 1336 (concluding that a punitive damages claim was “more likely than not” to exceed the jurisdictional amount). In fact, the district court concluded that the compensatory damages or punitive damages alone would “in all likelihood” exceed $75,000. Id. The district court also noted White’s admission that her damages “[did] not yet equal” $75,000 but “it [was] possible that [they] will exceed $75,000.00 at the time of trial.” On the basis of this evidence and analysis, the district court found that the amount-in-controversy requirement was met.

White argues that the evidence presented by FCI was insufficient to meet the preponderance of the evidence test. This Court articulated the standard for insufficient evidence in Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia (ANPAC) v. Dow Quimica de Columbia S.A., 988 F.2d 559 (5th Cir.1993) [hereinafter Dow Quimica ]:

At least where the following circumstances are present, [the removing party’s burden to establish jurisdiction] has not been met: (1) the complaint did not specify an amount of damages, and it was not otherwise facially apparent that the damages sought or incurred were likely above $50,000; (2) the defendants offered only a conclusory statement in their notice of removal that was not based on direct knowledge about the claims; and (3) the plaintiffs timely contested removal with a sworn, unrebutted affidavit indicating that the requisite amount in controversy was not present.

De Aguilar I, 11 F.3d at 57 (quoting Dow Quimica, 988 F.2d at 566).

First, White’s Original Petition did not specify an amount of damages. Id. Second, the district court concluded that it was facially apparent that the amount in controversy exceeded $75,000. Id. Third, FCI has offered more than a conclusory statement in support of their notice of removal. De Aguilar I, 11 F.3d at 57-58 (contrasting the substantive evidence, including “testimonial evidence and published precedent,” offered by the removing party in that case with the “mere scintilla of evidence” presented by the removing party in Dow Química); Allen, 63 F.3d at 1335 (citing Gaus, 980 F.2d at 566) (“removal ... cannot. be based simply upon conclusory allegations”). In its interrogatories, FCI asked White to state the full[*676] amount of money damages she was seeking. White identified three categories of money damages she was seeking: lost income, mental anguish and emotional distress, and punitive damages. For the first category, White reported that she was incurring an economic loss at the rate of $100,000 per year and had already suffered a loss of approximately $13,000. White asserted that the latter two categories “cannot be precisely quantified” and that she would rely on the jury to “assess what is fair.” Towards this end, 'White identified six doctors who would testify about her mental anguish and emotional distress.

In its Requests for Admission, FCI asked White to admit or deny that she was seeking damages of $75,000 or more. White admitted that her damages “[did] not yet equal” $75,000 but “it [was] possible that [they] will exceed $75,000.00 at the time of trial.” Through this language, White implied that the amount in controversy was not limited to the damages she suffered before her filing. Instead, Wdiite indicated that she was seeking continuing and future damages as well.

Fourth, White failed to timely contest the removal with a sworn, unrebutted affidavit indicating that the requisite amount in controversy was not present. De Aguilar I, 11 F.3d at 57.

This Court has held that “the jurisdictional facts that support removal must be judged at the time of the removal.” Allen, 63 F.3d at 1335. At the time of removal, it was apparent from the face of the Original Petition and the evidence presented by FCI that the amount in controversy exceeded $75,000. The preponderance of the evidence thus indicated that the amount-in-controversy requirement was met. This Court has held that “once a defendant is able to show that the amount in controversy exceeds the jurisdictional amount, removal is proper, provided plaintiff has not shown that it is legally certain that his recovery will not exceed the amount stated.” De Aguilar v. Boeing Co., 47 F.3d 1404, 1412 (5th Cir.1995). White failed to specify an amount of damages less than $75,000 or to present any substantive evidence in support of her motion to remand. WTiite thus failed to show that it was legally certain that her recovery will not exceed $75,000.

Based on the preponderance of evidence, this Court affirms the district court’s conclusion that the amount-in-controversy requirement was met.

B.

Texas law permits indefinite employment to be terminated at-will and without cause unless the termination results from the employee’s refusal to commit an unlawful act. East Line & R.R.R. Co. v. Scott, 72 Tex. 70, 75, 10 S.W. 99, 102 (1888) (holding that an indefinite term of service may be terminated by either party without cause); Sabine Pilot, 687 S.W.2d at 735. In order to establish a prima facie case of wrongful termination under Sabine Pilot, the plaintiff must prove that: (1) she was required to commit an illegal act which carries criminal penalties; (2) she refused to engage in the illegality; (3) she was discharged; (4) the sole reason for her discharge was her refusal to commit an unlawful act. Sabine Pilot, 687 S.W.2d at 735; Burt v. City of Burkburnett, 800 S.W.2d 625, 626-27 (Tex.App.-Fort Worth 1990, writ denied).

First, FCI submitted evidence, in the form of numerous falsified NAFTA Certificates of Origin bearing White’s signature, indicating that Wlhite committed unlawful acts. 18 U.S.C.A. § 1001(a) (West 2000) (specifying that the making of a false statement to any branch of the U.S. Government is a felony punishable by fine[*677] or imprisonment). However, White did not submit any evidence indicating that she was required by FCI to commit the unlawful acts. Burt, 800 S.W.2d at 626-27 (holding that the plaintiff must prove that the employer required, not just requested, the employee to commit unlawful acts). White admits in her own deposition that the catalyst for her unlawful acts was her subjective interpretation of her supervisor’s remarks rather than any direction to commit the unlawful acts.

Second, FCI submitted evidence, in the form of numerous falsified NAFTA Certificates of Origin bearing White’s signature, that White did not refuse to commit the unlawful acts. Third, it is undisputed that White was discharged.

Fourth, White failed to demonstrate either a refusal to commit unlawful acts or that such a refusal was the sole reason for her discharge. The evidence of an ongoing reduction in force and financial difficulties at FCI since July 2000 stands un-refuted. FCI contends that White was discharged as part of the reduction in force, and White does not provide any substantive evidence to the contrary. Eason v. Thaler, 73 F.3d 1322, 1325 (5th Cir.1996) (holding that “mere conclusory allegations are not competent summary judgment evidence, and ... are insufficient, therefore, to defeat a motion for summary judgment”).

Based on White’s failure to meet the requirements for a prima facie case of wrongful termination under Sabine Pilot, this Court affirms the district court’s grant of summary judgment in favor of FCI.