Removal Jurisdiction Flashcards
What is Original (OG) Jurisdiction in the context of removal?
Original Jurisdiction refers to the ability of a defendant to remove a case to federal court when the action could have originally been brought in federal courts.
What is required for complete diversity in removal jurisdiction?
Complete diversity requires that the parties (plaintiff and defendant) reside in two different states.
Is removal based on a federal defense sufficient for jurisdiction?
No, removal based on a federal defense is insufficient.
Can a defendant file for removal if the state court lacked proper jurisdiction?
Yes, a defendant can file for removal regardless of whether the state court had proper or improper authority to hear the case.
Who can initiate removal to federal court?
Only the Defendant may remove to federal court.
What must happen if there is more than one defendant in a removal case?
All defendants in the lawsuit must agree on the removal.
What is the proper venue for removal to federal court?
Venue is proper in the federal court in the state where the state case is pending.
unless otherwise told by prof, a state court located within a fed court’s jurisdiction permits D to file removal in that fed court jurisdiction.
What types of cases can be removed to federal court?
Only federal cases get removed to federal court.
What happens to state claims when federal claims are filed?
Only the state claims stay in state court.
What must a Notice of Removal contain?
The Notice of Removal must contain grounds for removal.
When must the Notice of Removal be filed?
The Notice must be filed within 30 days of service of the initial complaint.
its the request in the court to file D’s Notice for Removal within 30 days, not the actual happening of removal.
What happens once a case is removed to federal court?
FRCP apply, and no state substantive law applies (under the Erie Doctrine).
What is the time frame to demand a jury trial after removal?
A demand for a jury must be filed within 14 days after the Notice of Removal is filed.
What can a plaintiff do after a defendant files for removal?
The plaintiff can file a motion to remand the case back to state court.
When must a plaintiff’s motion to remand be filed?
The motion must be filed within 30 days of the case’s removal.
After removal occured and teh case is in fed court, P must file within the 30 days to remand back to state court
What is the exception regarding Subject Matter Jurisdiction for remand?
A remand for lack of Subject Matter Jurisdiction can be made at any time.
- if the state court incorrectly removed case to fed cout –> there is not frame for Mtn of Remand, P can always file remand anytime up until trial
- if P files Remand baed on SMJ –> Motion can be filed before trial
What happens if a defendant is a resident of the state court?
You cannot remove based on diversity of citizenship if the defendant is a resident of the state court.
Fill in the blank: A defendant’s removal based on diversity is not permitted unless a _______ claim applies.
[federal question]
