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5 Cards in this Set
- Front
- Back
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In generel, what actions may be removed from state court to federal court? What is the only general exception?
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Any action brought in state court that originally could have been brought in federal district court. 1441(c). The only general exception is that in diversity cases the action is removable only if no defendant is a citizen of the state in which the action was brought.
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Under what circumstances may a plaintiff remove a case?
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Never. Only defendants may remove.
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When is removal allowed, assuming it is possible and the defendant files timely petition of removal?
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ALWAYS. The case must be removed to federal court. It's not within the court's discretion to allow removal or not.
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When there are multiple defendants, must they all agree to remove or is one sufficient?
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All must agree to remove.
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Why is "removal to federal court" a redundant phrase?
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b/c removal is a one-way street.
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