Removal Problems. Car wreck in Jackson Co, MO. -- $500K Case filed in Circuit Court of Jackson Co Can Defendants remove? Why or why not? If they could.

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Presentation transcript:

Removal Problems

Car wreck in Jackson Co, MO. -- $500K Case filed in Circuit Court of Jackson Co Can Defendants remove? Why or why not? If they could remove, to what court would they remove? v. Paul Denise Dennis &

Discrimination case under Title VII Case filed in Circuit Court of Jackson Co Can Defendants remove? Why or why not? Could Denise remove if Dennis objected to removal? v. Paul Denise Dennis &

Anti-trust suit over which federal courts have exclusive jurisdiction. Case filed in Circuit Court of Jackson Co Can Defendants remove even though the Circuit Court has no right to act in the case? Why or why not? v. Paul Denise Dennis &

Pen Doris Dan Can D’s jointly remove? Can Dan remove separately? Can Doris remove separately? v.& Filed in NV Served 2/1/92 Dan smashed P’s knee. Dr. Doris fixed wrong knee. Suit for $1 million.

Pen Doris Dan Can D’s remove to federal court? What documents must they file? Where do they file them? What is the deadline? What should the district court do? v.& Filed in NV Served 2/1/92 D&D violated Title VII D&D failed to pay $300K note

Pen Doris Dan Can D’s remove to federal court? v.& Filed in NV Served 2/1/92 D&D battered P in Nevada P sues both claiming $300K each On 10/1/92, P voluntarily dismisses claim against Dan. Now, can Doris remove to federal court? Suppose P waits until 3/1/93, to voluntarily dismiss claim against Dan. Could Doris remove to federal court in that situation? Suppose instead that, on 6/1/92, state court grants Dan’s SJ Motion. Can Doris remove since Dan was dismissed before 12 months passed?

Priscilla DelCorp (Mfr) Doug Designer v. P sues DelCorp in KS state court ($80K). DelCorp removes to federal court. P learns Doug is the designer & moves to amend to add Doug as additional D. What can the federal court do?What should the federal court do? Instead, P voluntarily reduces prayer to $49K, i.e., to less than jurisdictional amount