Removal

Question 1

What is removal?

Answer 1

Removal allows the defendant to move a case from state court to federal court if the case could have been originally brought in federal court.

Question 2

Who can remove a case and in what time frame?

Answer 2

Removal Must be sought:
1) By the defendant; AND
2) Within 30 days of learning the grounds of removal.

Question 3

When is it too late for a defendant to remove his case?

Answer 3

The defendant cannot remove his case after one year from the commencement of the action, unless the plaintiff acted in bad faith to try and make the case non-removable.

Question 4

How does removal work in federal question cases?

Answer 4

The defendant may remove the case to federal court if the well-pleaded complaint discloses that the claim is based on federal law.

Question 5

When can a defendant remove a case in diversity cases?

Answer 5

The defendant may remove the case to federal court if:
1) Complete diversity is present;
2) The amount in controversy exceedes $75,000; AND
3) The action is brought in a state in which no defendant is a citizen.