Fed jurisdiction Question
Posted: Thu Jul 10, 2014 2:07 pm
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?
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?