Removal Flashcards
1
Q
Who can bring a removal action?
A
Only the ORIGINAL defendant in an action
2
Q
Bright v. Bechtel Petroleum
A
where state court does not have original jurisdiction, there cannot be removal as there is no action that exists
3
Q
Defendant Forum Rule
A
Where diversity jurisdiction is the sole basis of SMJ, a defendant cannot remove to a court located in the state to which they are domiciled
