Removal (State Court to Fed Court)
Big Issue:
 The issue is whether the ∆ can remove the case from the state court to a federal court.
Rule:
 Removal allows the defendant to move a case from state court to federal court if the case
could have been brought originally in Federal court. Thus, the defendant may remove a
case to federal court if:
o Federal Question Jurisdiction is present (§ 1332)
o Diversity jurisdiction is present and the action is brought in a state of which no
defendant is a citizen of that state.
 Federal Question jurisdiction is present if the plaintiff’s complaint alleges a claim that
arises under federal law.
 Diversity Jurisdiction is present if (1) Complete Diversity is present and (2) The amount
in controversy exceeds $75,000 exclusive of interest and cost.
[*If the claim being removed involves federal question jurisdiction)
Here, the plaintiff's complaint alleges ____ [Discuss whether the claim arises under federal law.].
The defendant's assertion that is irrelevant. Under the well-pleaded complaint rule, the plaintiff
must allege a claim that arises under federal law to trigger federal question jurisdiction - not the
defendant.
(*If the claim being removed involves diversity jurisdiction)
Here, ____ [Insert a standard diversity jurisdiction analysis - see above. Remember, in addition
to your standard diversity jurisdiction analysis, you must discuss whether the action is brought in
a state of which no defendant is a citizen. Even if diversity jurisdiction is present, the defendant
cannot remove the action if the action is brought in a state that any defendant is a citizen of.]
(*If the Defendant can remove the case)
In conclusion, the defendant can remove the case from state court to federal court, because
[either: federal question jurisdiction is present OR diversity jurisdiction is present and the action
is brought in a state of which of which no defendant is a citizen].
(*If the Defendant Cannot remove the case)
In conclusion, the defendant cannot remove the case from state court to federal court, because
neither: federal question jurisdiction is not present OR diversity jurisdiction is not present OR
diversity jurisdiction is present, but the action is brought in a state of which the defendant is a
citizen].