SMJ - Removal Jurisdiction

Question 1

In General

Answer 1

defendant may generally remove a case from state court to federal district court having subject matter jurisdiction

must be to the district court for the district and division in which the state court action is pending

removal to the wrong district court is subject to a motion to remand (or transfer to the proper federal court)

Question 2

Determination

Answer 2

generally - right to remove determined by pleadings filed when notice to remove is filed

diversity jurisdiction - diversity must exist at the time of filing original action as well as at time notice of removal is filed, unless

1. party preventing diversity is dismissed, or
2. nondiverse party against whom plaintiff has no colorable claim was fraudulently joined to defeat diversity

Question 3

Diversity Jurisdiction

Answer 3

if removal is based solely on diversity jurisdiction, claim may be removed only if no defendant is a citizen of the state in which the action was filed

Question 4

Federal Question

Answer 4

if federal question claims are joined with claims that aren’t independently removable, entire case may be removed

Question 5

Notice

Answer 5

D must file notice within 30 days after receipt by or service on the defendant of the initial pleading

FQ - only defendant’s against whom federal claim is filed must consent/join in removal

DJ- cannot occur more than 1 year after action is commenced (unless plaintiff acted in bad faith)

Question 6

Remand

Answer 6

lack of smj - any time before final judgement is rendered

other reasons - motion to remand for any defect other than smj must be within 30 days after filing notice of removal