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Fed jurisdiction Question

Posted: Thu Jul 10, 2014 2:07 pm
by portaprokoss
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?

Re: Fed jurisdiction Question

Posted: Mon Jul 14, 2014 9:45 am
by TheFactor
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.

Re: Fed jurisdiction Question

Posted: Tue Jul 15, 2014 2:28 pm
by homestyle28
forum non conveniens?