removal

Question 1

if no fed Q is involved and diversity does not exist when a case is commenced, removal will be permitted if…

Answer 1

• nondiverse party is dismissed from action,
• requirements for diversity are now met, AND
• <1 year since case was commenced in state court

for statute of limitation purposes, in diversity cases, the action is deemed commenced according to what state rule provides

Question 2

removal venue

Answer 2

venue proper in the federal district court that “embraces” the state court where the action was filed
–does NOT matter if this venue would have been improper if case originally filed there

Question 3

who can exercise right of removal?

Answer 3

defendant only

plaintiff can NEVER remove under any circs.

Question 4

does a state court need jurisdiction for fed court to hear case?

Answer 4

NO - even when the state court has no jurisdiction because the action is
exclusively federal, the federal court may hear and decide the case
under its removal jurisdiction.

Question 5

two time restrictions on removal

Answer 5

• a case based on diversity must be removed within 30 days of the defendant’s receipt of a copy [not filing] of the paper that makes case removable (and notifies defendant of such)
  BUT
• a diversity case can never be removed more than a year after it was filed in state court

Question 6

a case may not be removed if…

Answer 6

a defendant is a citizen of the state in which the action is filed

the “in-state defendant” restriction