Proper Forum Flashcards
Proper Forum Hypos!
Shel, from Kansas, sues Maurice, also a Kansan, in a state court in Kansas. His claim is based on a violation of his federal civil rights. May Dillion remove?
Yes. Based off of sec. 1331, the case could have commenced in either state or federal court. Since this case is dealing with a federal question, under sec. 1441(a) because the action is dealing with a federal question and original jx would have existed if the case had been initially brought in federal court, this case would be properly removed from state to federal court.
Shel (Kansas) sues Suess, from Colorado, in the Colorado state court on a state law assault claim. May Suess remove?
No. Based off of sec. 1441(b)(2): A defendant may not remove a case from state to federal court if the defendant is a citizen of that forum state. In this case because Suess is from Colorado and Shel brought the case to Colorado state court, even though there is diversity jx, Suess just has to deal with the Colorado state court.
The logic behind the ability to remove was to protect out-of-state defendants from prejudice. Since Suess is from CO there is no prejudice to protect.
Shel (Kansas) sues Suess (CO) and Mo (CA) in Colorado state court on a state law assault claim. May Suess or Mo remove?
No. Based off of sec. 1441(b)(2): A defendant may not remove a case from state to federal court if the defendant is a citizen of that forum state. In this case because Suess is from Colorado and Shel brought the case to Colorado state court, even though there is diversity jx and another defendant who is not from CO, this section provides for ANY defendant being from the forum state eliminates the need for removal. Suess and Mo just have to deal with the Colorado state court.
Shel (Kansas) sues Suess (CO) and Mo (CA) on the assault claims in a Kansas state court. Can the defendants remove?
Yes. Since there is diversity jx and neither of the defendants are from Kansas, the defendants may seek to remove the case from state to federal court under sec. 1441(b).
Madeline (Iowa) sues Babar (CO) and Red (Kansas) in Kansas state court on a federal civil rights claim.
a. May the defendants remove?
b. If so, to which court or courts?
a. Yes. Since this case is a federal question case it is removable event though one of the defendants is from the forum state under sec. 1441(a) since the case is not solely based in diversity.
b. Babar would clearly prefer to remove to the Co district court to get the benefit of the home forum. However, removal is not meant to give the defendant a geographical choice of forum, only a choice to use the federal court system. The action can only be removed to the federal district court of Kansas. If there were more than one federal district in Kansas, the defendants could only remove the case to the district in which the state court where Madeline brought suit is located.
Shel (Kansas) sues Tolstoy (Kansas) on a state law assault claim. Six months later Shel’s attorney gleans from discovery that Shel also has a claim against Tolstoy for a federal civil rights violation arising out of the same facts. She amends to assert the federal claim. May Tolstoy remove?
Yes. 1) the case now has a federal question, therefore it may be removed under sec. 1441(a) 2) Tolstoy has 30 days to request for removal under sec. 1446(b)(3) from receiving notice that a federal claim was being amended to the original complaint.
