Removal Jurisdiction Flashcards
What kinds of cases can be removed to federal court?
cases that 1) could have been filed in federal court originally; or 2) cases based on diversity.
Must the state court from which the case is removed have personal jurisdiction in order for the case to be removed?
no
Can plaintiffs remove a case to federal court?
fuck no
What is the proper venue for a *removed case?
the federal court which embraces the state court where the case was originally brought.
If a case filed in state court contains a claim that would arise under federal law, and it is joined with a state law claim that does not invoke diversity or supplemental jurisdiction, can the entire case be removed to federal court?
yes, but the federal court must then sever the state law claim and remand it to the state courts.
Where no federal question is in issue, and the parties are not completely diverse, how can a case be removed to federal court?
the non-diverse parties can be dismissed and the case will then be diverse, allowing it to be removed.
In-state defendant rule
where a case is based on diversity, and one of the defendants is a citizen of the state in which the case was brought, the case cannot be removed to the federal court in that state.
A case based on diversity cannot be removed from state court more than _____________ after it was filed in state court.
one year
To remove a case, a defendant must file a notice of removal with what court?
the federal court
When must the notice of removal be filed?
within 30 days of the defendant’s receipt of the first paper showing it is removable.
To remand a case back to the state courts, the plaintiff must do what?
file a motion to remand.
A case will be remanded to the state court when?
when there is no federal jurisdiction.
When does a federal court have the discretion to remand a case back to the state court?
when all federal claims have been resolved, leaving only state law claims.
