Removal

Question 1

What are Barriers to removal?

Answer 1

1. Lack of Subject Matter Jurisdiction
2. Improper US District
3. Defendant is citizen of state where suit originally filed (in 1332 action)
4. Untimely filing of notice of removal (30 days)
5. Lack of defendant consent
6. No removal (in 1332 action) after one year
7. Bad faith ex. 53 weeks = bad faith