Removal Flashcards
§ 1441 (a)
… any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant to the district court of the United States for the district and division embracing the place where such action is pending.
§ 1441 (b)
A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.
§ 1441 (c)
if a civil action includes-
(a) a claim arising under the Constitution, laws, or treaties of the United States, and
(b) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made nonremovable by statute, the entire action may be removed if the action would be removable without the inclusion of the claim described in subparagraph (B).
(B)(2) Upon removal of an action described in paragraph (1), the district court shall sever from the action all claims described in paragraph (1)(B) and shall remand the severed claims to the State court from which the action was removed. Only defendants against whom a claim described in paragraph (1)(A) has been asserted are required to join in or consent to the removal under paragraph (1). . . .
§ 1441 (f)
The court to which a civil action is removed under this section is not precluded from hearing and determining any claim in such civil action because the State court from which such civil action is removed did not have jurisdiction over that claim.
§ 1446 (a)
A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
§ 1446 (b)
Requirements: (1) filed 30 days after the receipt by the defendant (2) when removed solely under 1441(a), all defendants who have been properly joined and served must consent. 30 days to file. (c) Ds served at different times, earlier served defendant may consent to removal if they did not initiate (C)(3) if the case stated by the initial pleading is not removable a notice of removal may be filed w/n 30 days of a copy of an amended pleading
§ 1446 (c)
(1) no diversity removal after 1 yr since commencement of action (2) if removal on 1332, must meet $ AIC (B) court can find AIC (3) if not removable based solely on AIC, info regarding it = “other papers” (B) if the notice of removal is filed more than 1 year after the commencement of the action and the district court finds that the plaintiff deliberately failed to disclose the actual amount in controversy to prevent removal= bad faith and then allowed to be removed
§ 1446 (d)
Promptly after the filing of such notice of removal of a civil action the defendant or defendants shall give written notice thereof to all adverse parties and shall file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded. . . .
§1447 (a)
In any case removed from a State court, the district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the State court or otherwise.
§ 1447 (b)
It may require the removing party to file with its clerk copies of all records and proceedings in such State court or may cause the same to be brought before it by writ of certiorari issued to such State court.
§ 1447 (c)
A motion to remand the case on any defect other than SMJ must be made in 30 days. If lack of SMJ at any point, case will be remanded.
§ 1447 (d)
An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise,
§ 1447 (e)
If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand the action to the State court.
§1448
In all cases removed from any State court to any district court of the United States in which any one or more of the defendants has not been served with process or in which the service has not been perfected prior to removal, or in which process served proves to be defective, such process or service may be completed or new process issued in the same manner as in cases originally filed in such district court.
This section shall not deprive any defendant upon whom process is served after removal of his right to move to remand the case.
