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Removal (28 U.S.C. 1441 (1441(a) (Only if district court would have had…
Removal
28 U.S.C. 1441
1441(b)
If based solely upon diversity, cannot remove if any DEF is citizen of state where action is brought. (hometown rule)
1441(c)
If based upon federal question and also state law claims present, remove entire case, but remand back any … State claim (Count) which not meet original SMJ (§1332) or Supp. Jur. (§1367)
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28 U.S.C. 1446
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1446(c)
Treat amount pled in complaint as controlling for purposes of diversity $75K threshold, unless:
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State practice permits recovery for more than demanded in complaint - and Court find it exceeds $75K
28 U.S.C. 1446 Procedure
Timing for filing:
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But if multiple Def, 30 days from last one’s time run out; even if later amend to add new Defendant [1446(2)(B-C)]
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Timing if initial complaint has no basis for removal and PL amends to add claims that are removable:
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28 U.S.C. 1447
1447(c)
Motion to remand the case (on any basis other than SMJ) must be made within 30 days after filing notice of removal.
1447(e)
Addresses the issue of situations after removal where the initial PL seeks to join an additional DEF which would destroy complete diversity jurisdiction; in such instances, the D. Ct. can either deny the motion to join parties or allow it and remand the case back to state court.