Removal

Question 1

D removing based on diversity of citizenship

Answer 1

D sued under fictitious names are disregarded
A civil action otherwise removable solely on the basis of the diversity jurisdiction (under 1332(a)) may not be removed if any of the parties in which interest properly joined and served as Ds is a citizen of the State in which such action is brought

Question 2

Joinder of federal law claims and state law claims

Answer 2

If a civil action includes
A) a claim arising under the constitution, laws, or treaties of the US and
B) a claim not within the original or supplemental jurisdiction of the district court or a claim that has been made removable by statute, the entire action may be removed if the action would be removable without the inclusion of a defendant that is a citizen of the stats in which such action is brought.

If D is citizen of the state in which the action is brought then upon removal the district court shall remand state claims to state court

Question 3

Actions against foreign states

Answer 3

Any civil action brought is a state court against a foreign state may be removed by the foreign state to the district court located where the action is pending

Question 4

§ 1441 In general, removal from state to federal

Answer 4

Any civil action brought in a state court which the district courts of the US have original jurisdiction may be removed by D to the district court where such action is pending

Question 5

Removal is only available when?

Answer 5

In cases that could have originally been brought in federal court

Question 6

When is the claim not removable from state to district court?

Answer 6

When the federal claim arises only as a defense

Question 7

Home state rule

Answer 7

Although there is diversity jurisdiction, such cases are removable only if no D is a citizen of the home state