Federal Question Jurisdiction & Removal

What statute authorizes federal question SMJ?

28 U.S.C 1331

What is the well-pleaded complaint rule? What case made the rule?

federal question jurisdiction exists in the federal district courts under 28 U.S.C 1331 when the plaintiff's statement of the PL's own cause of action (claim) shows that the action is based upon federal law. Mottley

What is removal?

removal is the act of a defendant sued in state a court refiling the case in a federal court

When can a case be removed, pursuant to what statute?

In 28 U.S.C 1441(a), the general removal statute, provides the defendant may remove a case from state to federal court if the plaintiff could have filed the case in the federal court to begin with

In a diversity case when CAN'T there be any removal? Pursuant to what statute?

in a diversity case there can't be any removal if there's any defendant in the case who is a citizen of the state in which the case is filed. 28 U.S.C. 1441(b)(2)

Explain how an amended complaint may move a case to federal court

If the case was not originally able to be filed in federal court, then the PL can amend their complaint to add a claim arising under federal law, which gives the DF 30 days to respond to.

"tricky twist" statute (removing w/out other DFs consent)

1446(b)(2)(a), only defendants who have been properly joined and served must join the notice of removal (multiple defendants)

When can a case that is not removable become removable?

When the PL amends their complaint to a claim arising out of federal law or drops a DF who is not diverse

Exception to removal after amended complaint

If the PLs original complaint was removable and DF did not choose to remove, then if PL amends their complaint again DF cannot choose to remove at that time (not removable)

Difference between between remand for procedural mistakes and remand for lack of SMJ

Procedural mistakes have 30 day timeline, SMJ can be questioned at any time.