Civ Pro 8
If no federal question is involved and diversity does not exist when a case is commenced, removal will:
Be permitted if the nondiverse parties are thereafter dismissed from the action, the requirements for diversity jurisdiction are then present, and not more than one year has passed since the case was commenced in state court
On August 1, the plaintiff, a resident of State A, sued two defendants in State A for personal injuries arising out of an automobile accident. One defendant is a citizen of State A while the other is a citizen of State B. The lawsuit claimed damages of $500,000. The plaintiff quickly reached a settlement agreement with the defendant from State A, and the court dismissed that defendant by order on August 16. The order is served on the remaining defendant on August 20. On September 18, the remaining defendant files a notice of removal with the court, which the plaintiff opposes. How should the court rule on the defendant's notice of removal?
For the remaining defendant, because she filed her notice of removal within 30 days after she discovered the case had become removable.
Select the statement that best describes the relationship between removal and venue:
In a properly removed case, venue is proper in the federal court of the state where the case was pending, even if venue would have been improper had the plaintiff originally filed the action in the federal district court of that state
When a defendant attempts to remove a case from state court to federal court, the state court _______ have had subject matter jurisdiction over the case.
Need not
On January 15, a patient sued his doctor and his surgeon in State A state court for medical malpractice. All acts of malpractice took place in State A. The patient and the surgeon are citizens of State A; the doctor is a citizen of State B. Fifteen months later, it was learned after extensive discovery that the surgeon was only peripherally involved in the patient's treatment and was in no way negligent, so the patient dismissed the cause of action against the surgeon. Two weeks later, the doctor seeks to remove the case against him to federal court in State A, alleging diversity jurisdiction. May the doctor successfully remove the case to a federal district court?
No, because a case may not be removed to federal court more than one year after the action was commenced.
A plaintiff, a citizen of State A, sued a defendant, a citizen of State B, in state court in State B for breach of a contract to build a house for $200,000. The defendant counterclaimed for $300,000, alleging that the plaintiff breached an earlier contract by failing to pay for a house that the defendant had built. The plaintiff files a notice of removal to federal court in State B. Can the case properly be removed to the federal court in State B?
No, because only defendants may remove.
A State A citizen and a State B citizen were in an automobile accident in State B. The State B citizen filed a negligence action for $500,000 against the State A citizen in a federal district court located in State B. The State A defendant would prefer to litigate the case in a State B state court. The State A defendant thus filed a notice of removal, seeking to transfer the case to a State B state court. Should the federal court grant the motion?
No, because removal to state court is not available for cases that are properly filed in federal court and that are within the federal court's subject matter jurisdiction.
Which party or parties can exercise the right of removal?
Only the defendant
