Unitas wrote:nooyyllib wrote:Cherith Cutestory wrote:Federal question case is filed in state court. Defendants successfully remove. Can plaintiffs immediately appeal the removal decision?
I thought Federal question cases had to be heard in the federal court. As for your question, I don't think the plaintiff can "appeal" a FQ case that is being removed. However, the federal court can remand the case back to the state court if it decides that it lacks SMJ.
As for 1332, I know that the plaintiff can thwart removal by filing for less than or exactly $75k.
Discretion: I'm an 1L learning Civ Pro as well.
LoL wut? Only a few types of cases must be heard in federal court "exclusive juris." Patents and trademarks are the standard examples.