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Removal and Remand
Removal and Remand Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Removal and Remand Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is par...
A defendant removes a removable state-court action to federal court. Where is removal generally filed?
...ant removes a removable state-court action to federal court. Where is removal generally filed? The proper rule is removal to the federal district and division embracing the state action. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
A defendant removes a removable state-court action to federal court. Where is removal generally filed?
...ant removes a removable state-court action to federal court. Where is removal generally filed? The proper rule is removal to the federal district and division embracing the state action. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
A defendant properly removes a diversity case when the complaint and record show more than $75,000 in controversy. Af...
...the complaint and record show more than $75,000 in controversy. After removal, the plaintiff amends the complaint to seek only $60,000. What is the usual effect of the amendment on federal jurisdiction? The proper rule i...
Citations: St. Paul Mercury Indemnity Co. v. Red Cab Co.
A defendant properly removes a diversity case when the complaint and record show more than $75,000 in controversy. Af...
...the complaint and record show more than $75,000 in controversy. After removal, the plaintiff amends the complaint to seek only $60,000. What is the usual effect of the amendment on federal jurisdiction? The proper rule i...
Citations: St. Paul Mercury Indemnity Co. v. Red Cab Co.
A plaintiff believes a defendant's notice of removal violated the rule of unanimity, but the federal court has subjec...
A plaintiff believes a defendant's notice of removal violated the rule of unanimity, but the federal court has subject matter jurisdiction over the case. When must the plaintiff generally move to remand based on that pro...
Citations: 28 U.S.C. 1447(c)
A plaintiff believes a defendant's notice of removal violated the rule of unanimity, but the federal court has subjec...
A plaintiff believes a defendant's notice of removal violated the rule of unanimity, but the federal court has subject matter jurisdiction over the case. When must the plaintiff generally move to remand based on that pro...
Citations: 28 U.S.C. 1447(c)
A plaintiff files a state-law negligence action in State A court. Complete diversity and more than $75,000 are presen...
...ved defendant is a citizen of State A. Which statement best describes removal? The correct answer states the core forum-defendant limitation. 28 U.S.C. 1441(b)(2)
Citations: 28 U.S.C. 1441(b)(2)
A plaintiff files a state-law negligence action in State A court. Complete diversity and more than $75,000 are presen...
...ved defendant is a citizen of State A. Which statement best describes removal? The correct answer states the core forum-defendant limitation. 28 U.S.C. 1441(b)(2)
Citations: 28 U.S.C. 1441(b)(2)
A plaintiff sues three defendants in state court. Two defendants have been properly joined and served. One served def...
...en properly joined and served. One served defendant files a notice of removal, but the other served defendant does not consent. Which statement is most accurate? The correct answer states the ordinary defendant-consent r...
Citations: 28 U.S.C. 1446(b)(2)(A)
A plaintiff sues three defendants in state court. Two defendants have been properly joined and served. One served def...
...en properly joined and served. One served defendant files a notice of removal, but the other served defendant does not consent. Which statement is most accurate? The correct answer states the ordinary defendant-consent r...
Citations: 28 U.S.C. 1446(b)(2)(A)
A removing defendant argues that a nondiverse co-defendant was fraudulently joined and should be ignored for diversit...
...fendant argues that a nondiverse co-defendant was fraudulently joined and should be ignored for diversity purposes. Which statement best describes the fraudulent-joinder standard? The correct answer states the standard f...
Citations: 28 U.S.C. 1332, 28 U.S.C. 1441
A removing defendant argues that a nondiverse co-defendant was fraudulently joined and should be ignored for diversit...
...fendant argues that a nondiverse co-defendant was fraudulently joined and should be ignored for diversity purposes. Which statement best describes the fraudulent-joinder standard? The correct answer states the standard f...
Citations: 28 U.S.C. 1332, 28 U.S.C. 1441
Blue Harbor, a citizen of State A, sued Titan Trucks, a State B corporation, and Nia, a State A repair supervisor, in...
...er and keep the case? Discuss. This essay tests fraudulent joinder in removal and remand analysis. 28 U.S.C. 1332, 28 U.S.C. 1441(b)(2)
Citations: 28 U.S.C. 1332, 28 U.S.C. 1441(b)(2)
Blue Harbor, a citizen of State A, sued Titan Trucks, a State B corporation, and Nia, a State A repair supervisor, in...
...er and keep the case? Discuss. This essay tests fraudulent joinder in removal and remand analysis. 28 U.S.C. 1332, 28 U.S.C. 1441(b)(2)
Citations: 28 U.S.C. 1332, 28 U.S.C. 1441(b)(2)
Paige, a citizen of State A, sued LoaderCo and Ben in State B state court for injuries from a warehouse accident. Pai...
...May 1. Ben was served on May 5. On May 20, LoaderCo filed a notice of removal to the federal district court embracing the State B court. Ben did not join or consent. Paige moves to remand on June 10, arguing that Ben is...
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
Paige, a citizen of State A, sued LoaderCo and Ben in State B state court for injuries from a warehouse accident. Pai...
...May 1. Ben was served on May 5. On May 20, LoaderCo filed a notice of removal to the federal district court embracing the State B court. Ben did not join or consent. Paige moves to remand on June 10, arguing that Ben is...
Citations: 28 U.S.C. 1441, 28 U.S.C. 1446, 28 U.S.C. 1447
A state case was filed 15 months ago. It first became removable on diversity grounds after the plaintiff voluntarily...
...dant does not allege that the plaintiff acted in bad faith to prevent removal. Which statement best describes the one-year removal rule? The correct answer states the one-year diversity-removal limit and exception. 28 U...
Citations: 28 U.S.C. 1446(c)
A state case was filed 15 months ago. It first became removable on diversity grounds after the plaintiff voluntarily...
...dant does not allege that the plaintiff acted in bad faith to prevent removal. Which statement best describes the one-year removal rule? The correct answer states the one-year diversity-removal limit and exception. 28 U...
Citations: 28 U.S.C. 1446(c)
Marin sued CoastRail in state court after a derailment. The complaint, served on February 1, alleged only that Marin...
...the timing arguments? Discuss. This essay tests the timing rules for removal and remand motions. 28 U.S.C. 1446(b), 28 U.S.C. 1446(c), 28 U.S.C. 1447(c)
Citations: 28 U.S.C. 1446(b), 28 U.S.C. 1446(c), 28 U.S.C. 1447(c)