Removal Jurisdiction Flashcards
What is removal jurisdiction?
∆s can elect to move a case to federal court
Who must remove the case?
∆ or ∆s (can only remove based on π’s claim)
§1441(a)
Where is a case removed to?
The federal court where the state action was filed
§1441(a)
What happens if a case is removed and should be transferred to a different federal court?
§1404 – If initial venue was proper
§1406 – If initial venue was improper
What rule do we use for removal based on diversity of citizenship?
§1441(b)
Where are the procedures for removal located?
§1446
What is needed when a ∆ is filing for removal?
Files notice of removal in federal court in the same district where state court is located, stating grounds for removal, and copy of pleadings
§1446(a)
What is the timing for removal?
∆ must file for removal within 30 days of service of process
§1446(b)
What if there is no amount in controversy in the state claim?
May amend amount in controversy AND Fed Court finds by a preponderance of the evidence that the amount exceeds $75k
§1446(c)(2)(A)
Exception to removal jurisdiction?
In state ∆ Rule: Can’t remove diversity case if any ∆ is a citizen of the forum
§1441(b)(2)
Who must join the removal?
All ∆s who have been properly joined must agree to the removal
§1446(b)(2)(A)
What happens if ∆s are served with process at different times?
The 30 days for removal starts afresh for each newly served ∆
What if ∆s are improperly joined?
∆s will ask fed court to sever the claims against non-diverse ∆s
FRCP 21
When must removal occur in diversity action?
Within 1 year, unless π acted in bad faith
§1446(c)
What rule covers joinder of federal and non-removable claims?
§1441(c)
