AEW Final - Civ Pro Flashcards
Who can remove and how?
Only a defendant may remove an action —Filed by a plaintiff in state court —When the action would have originally satisfied subject matter jx.
What are the two forms of subject matter jurisdiction in federal court?
Federal Question Jurisdiction— provides for subject matter jx for all cases arising under federal law.Diversity Jurisdiction — requires (1) complete diversity when the suit is filed and (2) an amount-in-controversy that exceeds $75,000.
Is venue proper in the fed. ct. of the state where the action was removed from?
Yes.
What is a restriction on removal via diversity jx?
When removed via diversity jurisdiction, removal is proper only if the defendants are not citizens of the state where the action was brought.
What are the mechanical steps of removal?
First, within 30 days of being served the plaintiff’s complaint, a defendant must file a notice to remove.Second, all defendants must join that notice to remove within 30 days of the filing of removal. Third, the state case will be stayed until the federal court makes a determination about removal. Fourth, the case may not be removed on the basis of diversity jurisdiction over a year after the action has commenced.
How do you transfer venue?
Federal rules of civil procedure 1404(a) allows transfer of venue to another district “to which all parties have consented.” This typically occurs via a forum selection clause.
How does a forum selection clause affect venue transfer?
A forum-selection clause will typically be enforced unless public interest factors outweigh the need to move the forum. If venue is transferred via the forum-selection clause, then, generally the applicable law will be that of the transferee venue.
How does the Erie doctrine apply once venue has been transferred?
Generally, in cases not involving a federal question, federal courts apply state law to substantive issues and apply federal law to procedural issues.
