removal question

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Re: removal question

Postby stayway » Sat Nov 13, 2010 10:37 pm

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.


Cherith Cutestory

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Re: removal question

Postby Cherith Cutestory » Sat Nov 13, 2010 10:42 pm

Are you asking if P can appeal to the State court after the case is removed to federal court?

No, an appeal to COA for whatever circuit it was in.

And I'm totally willing to chalk it up to being a stupidly simple question anyways. I keep psyching myself out because our prof includes these little "I used 2 sentences to answer this question" parentheticals and whatever answer I get in my head I automatically try to fit into that box. It's something I've gotta phase out.


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Re: removal question

Postby nyknicks » Sat Nov 13, 2010 11:46 pm

Discretion: I like cake.

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Re: removal question

Postby vanwinkle » Sun Nov 14, 2010 2:04 am

JazzOne wrote:Vanwinkle should make some outlines for every class and sell them to incoming 1Ls. Modest price x a few hundred = nice spare change

Think about Van. Seriously. Where are you working this summer?

Hmmmm. I like this idea.

I'm at a firm next summer, though maybe in my spare time I've got a second source of income to think about now...

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