Monday, February 23, 2015

When can a party move from state to federal court?

Question

When can a party move from state to federal court?



Answer

Well, yes, IF: The party is a defendant AND they file a notice of removal within the proper time AND there is Federal jurisdiction based on Federal question or Diversity jurisdiction, AND they "dot their "i's" and cross their "t's" so that the Federal Court doesn't have grounds to remand back to the state court. Or, in other words, no, unless they have a good lawyer.



Answer

I agree with Mr. McCormick. A defendant filing a notice of removal is either very sophisticated or is very foolish.



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