Removal Jurisdiction

Question 1

when may a defendant remove an action from state court to federal court?

Answer 1

if the action could have originally been brought in federal court (has valid SMJ)

Question 1

what are the 2 limitations on removal in diversity cases?

Answer 1

1) ban on home state defendants = no removal where defendant is a citizen of the state in which the state action was brought
2) no removal more than one year after action was commenced in state court

Question 2

what is the exception to the one year limit on removal of diversity cases?

Answer 2

if a case later becomes removable (ie-nondiverse party leaves case), defendant has 30 days to remove after discovery that the case is removable

Question 3

what are the 2 main removal procedures?

Answer 3

1) file notice containing short/plain statement of removal grounds to fed court that embraces the state court where the case was filed (and copies sent to parties + OG state court), AND
2) defendant must file this notice within 30 days after receipt of service of initial pleadings/summons