...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)
...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)
...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.
...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 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 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)
...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)
...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)
...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)
...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)
...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
...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
...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)
...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)
...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
...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
...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)
...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)
...oastRail should have removed within 30 days of the complaint and that removal was procedurally defective. CoastRail responds that the complaint did not reveal an amount in controversy exceeding $75,000 and that Marin wai...
Citations: 28 U.S.C. 1446(b), 28 U.S.C. 1446(c), 28 U.S.C. 1447(c)
...oastRail should have removed within 30 days of the complaint and that removal was procedurally defective. CoastRail responds that the complaint did not reveal an amount in controversy exceeding $75,000 and that Marin wai...
Citations: 28 U.S.C. 1446(b), 28 U.S.C. 1446(c), 28 U.S.C. 1447(c)
...federal court. Which statement best describes the basic threshold for removal? The correct answer states the basic removal threshold. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...federal court. Which statement best describes the basic threshold for removal? The correct answer states the basic removal threshold. 28 U.S.C. 1441(a)
Citations: 28 U.S.C. 1441(a)
...is most accurate? The correct answer states a common federal-question removal trap. 28 U.S.C. 1331, 28 U.S.C. 1441
Citations: 28 U.S.C. 1331, 28 U.S.C. 1441
...is most accurate? The correct answer states a common federal-question removal trap. 28 U.S.C. 1331, 28 U.S.C. 1441
Citations: 28 U.S.C. 1331, 28 U.S.C. 1441
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