Removal Flashcards
What statute covers Removal?
28 U.S.C. § 1441
What does 28 U.S.C. § 1441 say about Removal?
28 U.S.C. § 1441
(a) GENERALLY. Except as otherwise expressly provided by Act of Congress, 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 or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
(b) REMOVAL BASED ON DIVERSITY OF CITIZENSHIP.
(1) In determining whether a civil action is removable on the basis of jurisdiction under section 1332(a) of this title, the citizenship of defendants sued under fictitious names shall be disregarded.
(2) 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 in which such action is brought.
–COMMENT: Even if the case meets all the requirements of diversity jurisdiction, if you are sued in the state which you are a citizen of, you cannot remove to federal court under diversity jurisdiction.
(c) JOINDER OF FEDERAL LAW CLAIMS AND STATE LAW CLAIMS.
(1) If a civil action includes—
(A) a claim arising under the Constitution, laws, or treaties of the United States (within the meaning of section 1331 of this title), and
(B) a claim is 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).
(2) Upon removal of an action described in paragraph (1), the district court shall sever from the actions all claims described in paragraph (1)(B) and shall remand the severed claims to 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)
No further subsections of this statute are included.
Can you remove a case brought under 28 U.S.C. § 1332 if the case is filed in the state you are a citizen of?
Even if the case meets all the requirements of diversity jurisdiction, if you are sued in the state which you are a citizen of, you cannot remove to federal court under diversity jurisdiction.
