Removal Jurisdiction

Question 1

What is required for removal jurisdiction?

Answer 1

Original jurisdiction is necessary. D may remove an action to federal court if the action could have originally been brought in federal court.

Question 2

Only D may remove; all D must seek removal

Answer 2

Only defendants may exercise the right of removal. All Ds (properly joined) must join in or consent to the removal

Question 3

Removal - venue

Answer 3

Venue for an action removed to federal court is the district “embracing the place where such action is pending”

• Doesn’t matter if venue would have been improper had P originally filed action in the district of that state
• Dismissal of nondiverse party allows removal
• If based solely on diversity jdx, D may not remove to federal court if D is citizen of the state in which the state action was brought

Question 4

One-year rule (removal)

Answer 4

A case may not be removed on basis of diversity jdx more than one year after state action commenced

30 days to remove after D discovers that case has become removable