Forum

Question 1

Removal

Answer 1

How: A defendant can remove a case from state court to federal court if either diversity or federal question jurisdiction exists.

When: in 30 days after service of the first paper that shows the case is removable (usually service)

By: defendants only

Limits: if a case can only be removed on diversity grounds, it cannot be removed if any defendant is a citizen of the forum state and it cannot be removed more than one year after the case was filed.

Where: the case removes to the federal district court that embraces the location of the state court in which the case was filed

Question 2

Remand

Answer 2

How: a plaintiff can remand the case back to state court if removal was improper

When: in 30 days after notice of removal, unless the grounds for remand is lack of SMJ

Question 3

Venue

Answer 3

Venue is proper in the district where any defendant resides, as long as all defendants are residents of that state, and the district in which a substantial part of the claim arose.

If there is no proper venue based on those criteria, the action can be brought in any district in which the defendant is subject to personal jurisdiction for the action.

Question 4

Transfer

Answer 4

From a proper venue: based on convenience and burdens (where is the center of gravity for a case); choice of law rules of the transferor court will apply

From an improper venue: can transfer or dismiss; choice of law rules of the transferee court will apply