Learn about the process by which lawsuits commenced in state courts can be removed to federal court by defendants if those suits could have originally been filed in federal court.
Now, let’s talk about removal--the process by which a lawsuit, which was initially commenced in state court, can be “removed” to federal court by the defendants in the lawsuit.
I. Jack v. Bruno
First, imagine a situation where Jack, the plaintiff, sues Bruno in New York state court in Brooklyn for $76,000, asserting defamation, assault, battery, negligence, and loss of consortium; Jack is a citizen of New York, but Bruno is a citizen of California. Bruno has heard pervasive rumors that...