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(P) [Kansas Citizen] brought 2 causes of action against (D) [Kansas Citizen]:
1. Federal question claim;
2. Related state claim;
-When (P) files in state court, (D) might, for strategic reasons, prefer the action be litigated in federal court. But, is this lawsuit removable to federal court?
Yes, can remove the whole thing to federal court, and the federal court will have federal question and supplemental jurisdiction over both claims.
Same facts as Hypo 1, except unrelated state claim and asserted against a D [Kansas] and a D [Missouri], can you remove it to federal court?
Here, is where you can remove part of the case. The entire case is removed and then the federal court has to remand the unrelated state law claim.
The difference between the original hypo is here, the D who is only the D on the unrelated state claim doesn't have to join the removal petition.
Say you're a P, and you want your case to be in federal court, and you don't need your Title 7 claim b/c state law gives you the relief you want; but can/should you add the federal question?
If you know that the federal court would be better for you than state court, and you have a federal claim and state law claim, it would malpractice NOT to bring the federal claim.
Say you have a case where both federal and state court could hear the case, and P decides to file in federal court b/c diversity and she wants to be there. D wants it to be in state court, can D get this case moved to state court?
No because if there is federal SMJ and the case has been filed in federal court--there is NO WAY for D to remove it to state court.
A Massachusetts plaintiff files a state law claim against two defendants--one from Massachusetts and one from Indiana. P's complaint demands more than 75k from each defendant.
Can the Indiana defendant remove just the part of the case that is against it to federal court? Why or why not? What are the competing interests here?
1. You can't ever remove just part of a case.
2. There is no diversity SMJ b/c diversity is incomplete.
3. Can't remove a case when any D is from the state where the case is filed.
-So the reasons here are partly efficiency--we don't want to split it up. Also partly federalism--diversity SMJ is sort of the exception to letting the state decides;
If the same case is filed in state court but P settles with the Massachusetts defendant, can the Indiana defendant then remove? Always? If not, what is the competing interest here?
-Yes, b/c then at that point diversity is complete--but the limit is within the 1-year rule.
A Virginia plaintiff files a state law claim in Virginia state court, demanding over 75k in damages from each of two defendants--one a citizen of Maryland and one a citizen of Virginia. If plaintiff wants to keep the case in state court, how long should P wait before settling with the non-diverse Virginia defendant?
-Wait for more than 1 year to settle with a non-diverse defendant. If the court believes that P waited to settle in bad-faith (i.e. the settlement was for 0 dalliers just to keep the case in state court) can be sanctioned.
Same facts, except plaintiff is a citizen of Maryland. Does the plaintiff have to wait to settle with the non-diverse Maryland defendant to keep the case out of federal court? Why or why not?
-No b/c it can't be removed by the in-state defendant.
A California plaintiff files a state claim in California state court against a Nevada defendant. The plaintiff demands more than 75k in damages. If the defendant removes the case to federal court, can the plaintiff destroy diversity and have the case remanded to state court by adding a California defendant after removal?
-It's possible but it is up to the court s discretion under §1447
Can a defendant file a motion for removal, removing a case to federal court, and then file a motion to dismiss based on lack of PJ of the federal court over the defendant? Why does the rule make sense here?
-Yes b/c there's no substantive filing for removal. You can remove then motion to dismiss in your first filing. Removal is just a notice--the power of the court hasn't done anything yet.
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