Removal and Remand

Question 1

When May a Defendant Remove a Case?

Answer 1

If a plaintiff could have brought their case to federal court but chose not to, a defendant may remove the case to federal court.

Question 2

Removal Housekeeping Rules

Answer 2

1. No ∆s from Forum State can remove a claim
   - Only applies in diversity cases
2. All-or-nothing rule
   - Either everybody and all claims go to federal court or they all don’t go
3. Timing Rules
   - General 30-Day Rule
   - Diversity 1-Year Cap Rule (form the moment the date a π files a lawsuit, a ∆ has one year to remove a case based solely on diversity jurisdiction
4. Special Class Action Rules are Satisfied

Question 3

When is a Removal Proper?

Answer 3

Rule: Removal is proper if the π’s original Jurisdiction Rule is satisfied

Satisfied when SMJ exists as to each claim based on:

• Federal Question Jurisdiction
• Diversity Jurisdiction
• Supplemental Jurisdiction

Question 4

Remand

Answer 4

Rule: remand required if any removal rules were violated or if one or all of the ∆s in the case are form the forum state.

Only a π can bring forward an action for remand

Remand from federal to state court

Question 5

Remand Housekeeping Rules

Answer 5

1. Claim-by-claim analysis
   - each claim must be viewed individually to determine if removal was proper, If even one claim can stay, then that sets a basis for the other claim
2. 30-Day Timing Rule
   - a motion to remand must be filed within 30 days