Studying for bar.
P sues D in X state court on $10k. P and D are diverse. D has a counterclaim for more than $75k. D served notice of P's X state court claim on Day 1. D wants to litigate in federal court in state Y. D needs to remove and transfer to federal court in state Y 1) without accidentally waiving into state X jurisdiction and 2) without violating any timing requirements. How does D proceed?
Fed jurisdiction Question Forum
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Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
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TheFactor
- Posts: 789
- Joined: Wed Feb 23, 2011 3:12 pm
Re: Fed jurisdiction Question
you can only remove to the federal court in the district where the state claim was brought. so remove to X federal court within 30 days and then move to transfer to Y federal court when you get there.
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homestyle28
- Posts: 2362
- Joined: Thu Jun 04, 2009 12:48 pm
Re: Fed jurisdiction Question
forum non conveniens?
