Removal

Question 1

Original Jurisdiction Necessary

Answer 1

Action originally filed in state court may be removed by a D to federal court if:

1. Case could have originally been filed in federal court
2. For cases removed on basis of diversity, no D is a citizen of the state where the action was filed

Jurisdiction tested at date of removal.

Federal Defense insufficient: D can’t remove on basis he has defense grounded in fed law

State court need not have jurisdiction

Removed to fed dist. court whose territory encompasses state court

Question 2

Removal Time Requirements

Answer 2

30 Day Notice: Notice of removal must be filed within 30 days of date D receives copy of initial pleading

Removable Later: if case later becomes removable case may be removed within 39 days of date it becomes removable but not more than one year after it was brought in state court unless bad faith shown

Question 3

Removal of Separate and Independent Claims

Answer 3

Where case filed in State court contains a claim that arises under fed law and it is joined with state claims not invoking diversity or supplemental jurisdiction, entire case can be removed…But fed court must SEVER & REMAND State claims to state court