Civil Procedure I
Removal allows defendants to move the entire case from a state court to a federal court. 28 U.S.C. § 1441.
Removal is only allowed if the district court would have had jurisdiction if the plaintiff chose district court. 28 U.S.C. § 1441.
Removal is to the district court in the location where the state action was filed. 28 U.S.C. § 1441.
If based solely upon diversity, defendant cannot remove if he is a citizen of the state where action is brought. 28 U.S.C. § 1441(b)(2).
If based upon federal question and state law claims are also present, state claims which do not have subject matter jurisdiction are remanded back to state court. 28 U.S.C. § 1441(c).
All defendants must agree to removal. 28 U.S.C. § 1446(b)(2).
Each defendant has 30 days from their service of complaint to remove. 28 U.S.C. § 1446(b).
The amount is controversy for diversity after removal is the amount pled in the complaint unless it seeks non-monetary relief, the state court does not allow the inclusion of a dollar amount, or the state allows recovery beyond what is demanded in the complaint. 28 U.S.C. § 1446(c).
Venue is automatic for the district court sitting in the locale of the state court action. 28 U.S.C. § 1441(f). But any party can file a motion to transfer the venue of the case to another district court. 28 U.S.C. § 1404.