Subject Matter Jurisdiction Of The Federal Courts - Removal

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Subject Matter Jurisdiction of the Federal Courts - Removal

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1) Shamrock v. Sheets (US 1941)

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Removal Jurisdiction

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Give the D who has been sued in a state court the right to move to federal court if the action could have been brought in federal court initially
- removal statute is 28 USC section 1441

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Shamrock v. Sheets (US 1941)

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 Section 12 of the Judiciary Act of 1789
- If a suit be commenced in any state court against an alien or against a citizen of another state, and the matter in dispute exceeds the jurisdictional amount and the D shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause, it shall be removable to the circuit court
. Removal of a cause from a state to federal court could be effectuated under § 12 only by D against whom the suit is brought by process served upon him
. A P, having submitted himself to the jurisdiction of the state court, is not entitled to avail himself of a right of removal conferred only on a D who has not submitted himself to jurisdiction

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Multiple Defendants

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1) all Ds, other than nominal parties, must join in the petition for removal
2) Exception
- when removal is based on a separate and independent claim

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Forum non convenience

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Dismiss a case because it would be more proper to hear the case in a different forum