Removal

Question 1

What does removal allow a defendant to do?

Answer 1

Removal allows a defendant to move a case from state court to federal court if the case falls
within federal subject-matter jurisdiction.

Question 2

When is removable available if there are multiple defendants?

Answer 2

If there are multiple defendants, then removal is available
only if all defendants agree

Question 3

True or False: A defendant, being sued in his home state, can remove a case to federal court if the case arises under Federal law?

Answer 3

True

Question 4

True or False: A defendant, being sued in his home state, can remove a case to federal court based solely on diversity jurisdiction?

Answer 4

False

Question 5

True or False: The defendant must file a removal notice in the state and federal courts with written
notice to the plaintiff.

Answer 5

True

Question 6

True or False: Removal is proper to any federal district and division?

Answer 6

False:

Removal is proper to the federal district and division where the
state-court case is pending.

Question 7

A plaintiff may challenge removal by moving for remand in the
federal court within ___ days after the defendant files the removal notice.

Answer 7

30 days