SMJ and Removal CRS(Cases, Rules, Statutes)

Question 1

1441(a)

Answer 1

defendants may remove any civil action brought in a state court of which the district courts of the U.S. have original jurisdiction. Remove to the district court embracing the place where the state action is pending
(basically if D’s want to move to federal court they can if there is federal jurisdiction, but do not forget 1441(b)(2) exception)

Question 2

1441(b)(2)

Answer 2

exception to removal. Cannot remove when only basis of federal SMJ is diversity and there is a home-state defendant

Question 3

1331

Answer 3

the district courts shall have original jurisdiction of all civil actions arising under the constitution, laws or treaties of the U.S.
(Federal Question statute)

Question 4

1332

Answer 4

(a)= lays out diversity requirements
-AIC must be over 75K
-must have complete diversity
(a)(1)= different states
(a)(2) = state v foreign citizen
(a)(3)= diff state v. diff state + foreign citizen on either side
(b)= if P recovers less than 7k district court can deny costs and may impose costs on P (basically don’t like about AIC)
1332(C)=Citizenship
(c)(1)= corporations considered citizens of states where PPB located

Question 5

Mottley

Answer 5

Takeway: well-pleaded complaint rule

Question 6

Strawbridge

Answer 6

Takeaway: D and P cannot share state citizenship for diversity cases. There must be complete diversity

Question 7

Hertz

Answer 7

Takeaway: Nerve center test= only approach to determine a corporation’s PPB
-refers to the place where corporation’s officers direct control and coordinate a corporation’s activity (Basically HQ most of time)

Question 8

Redner

Answer 8

Takeaway= individual domicile 2 part test:
1. reside
2. intent to remain there indefinitely