Week 12 Lecture Notes: Removal (Civil Procedure)

Plaintiff's Initial Advantage

Plaintiffs initially choose the forum, and defendants can challenge this choice but cannot unilaterally select a different court.

Removal

The process that allows defendants to transfer a case from state court to federal court.

Who can remove a case?

Only defendants can remove; plaintiffs cannot remove, even facing counterclaims.

Forum Non Conveniens

A legal doctrine allowing a defendant to request the court to dismiss a case due to an inappropriate forum.

Original Subject-Matter Jurisdiction

The federal court must have original subject-matter jurisdiction over the action to allow removal.

28 U.S.C. § 1441

Statute outlining which cases may be removed from state court to federal court.

Section 1441(a)

Allows a defendant to remove any civil action from state court to federal district court if original jurisdiction exists.

Fictitious parties

Doe defendants that are disregarded for citizenship purposes under § 1441(b)(1).

Section 1441(b)(2)

The Forum-Defendant / Home State Removal Bar that prevents certain defendants from removing cases based solely on diversity.

Unanimity of Consent

All defendants must consent to the removal of a case from state court.

30-Day Window

The time frame in which a defendant must file the notice of removal after receiving the initial pleading.

One-Year Diversity Cap

A case based on diversity jurisdiction cannot be removed more than one year after commencement in state court.

Amount in Controversy

The requirement that the amount in controversy exceeds $75,000 for federal jurisdiction.

Preponderance of the evidence

The standard of proof that the district court must find to confirm the amount in controversy exceeds the threshold.

Procedural Defects under § 1447(c)

A remand motion based on procedural defects must be made by the plaintiff within 30 days after the removal notice.

Subject-Matter Jurisdiction under § 1447(c)

If the federal court lacks subject-matter jurisdiction, the case must be remanded at any time before final judgment.

Fees and Costs under Section 1447

The court may order the removing party to pay attorney's fees and costs due to improper removal.

Non-appealable Remand Orders

Most remand orders cannot be appealed under § 1447(d).

Post-Removal Joinder under § 1447(e)

The district court can either deny a new defendant's joinder or permit it and remand back to state court.

Finality Exception (Caterpillar v. Lewis)

A federal court's error in denying remand does not void a post-judgment verdict if the jurisdictional defect is cured before trial.

Tactical Manipulation (Keller Logistics v. Navistar)

Plaintiffs may name local defendants to block removal, later dismissing them to allow for removal.

Bad Faith under § 1446(c)(1)

If a plaintiff acts in bad faith to prevent removal, the one-year limitation on removal can be ignored.

Notice of Removal

The document the removing defendant must file in federal court stating the grounds for removal.

Strict Sanctions under Rule 11

Falsifying facts in a notice of removal risks strict sanctions.

Effect on State Court Proceedings

State court proceedings are automatically stayed once a notice of removal is filed.

Home-State Defendant

A defendant who is a citizen of the forum state where the action was filed, restricting their ability to remove the case.

Diversity Removal Bar

Preventing a home-state defendant from removing a case based solely on diversity jurisdiction.

Joinder of Federal and State Law Claims

If a case includes a federal claim with state law claims, the entire case may be removed.

Severance of Non-Removable Claims

When federal claims allow removal, non-removable state claims must be severed and remanded.

Jurisdictional Defect

A failure to meet the requirements for federal subject-matter jurisdiction.