Hypothetical IRAC format. Need help. Please HELP

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kalebplant

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Hypothetical IRAC format. Need help. Please HELP

Post by kalebplant » Sat Sep 14, 2019 1:05 pm

Fact Pattern:
The Plaintiff, a Florida resident, was seriously injured in a night-time railroad grade crossing collision between his automobile and a train in Tift County, Georgia, on December 1, 2014. Unknown to the Plaintiff, the Defendant Railroad had stopped its train so that it blocked the roadway with a black “hopper” car. The railroad grade crossing was not lit, nor was it guarded by lights, gates, or a signalman. As the Plaintiff drove toward the railroad grade crossing, he was suddenly upon the black “hopper” car and drove under it before he could recognize what it was, react to it, and stop. Consequently, the Plaintiff received significant injuries which are the basis of his personal injury lawsuit.

On June 1, 2015, the Plaintiff filed suit in the State Court of Tift County against the following Defendants: the “Railroad” (a corporation incorporated in Delaware and with its headquarters in Virginia and with an agent for service of process in Fulton County, Georgia), the “Engineer” (a resident of Ben Hill County, Georgia), the “Conductor” (a resident of Worth County, Georgia) and the “Signalman” (a resident of Turner County, Georgia). Following the filing of the lawsuit, the Plaintiff made arrangements with the Clerk for service of the Complaint upon all of the Defendants. Plaintiff’s counsel then e-mailed a courtesy copy of the lawsuit to counsel for the Railroad.

On June 3, just two days after the filing of the lawsuit, the Defendant Railroad filed an Answer in the State Court of Tift County, even though the Railroad had not yet been formally served. On the same day, the Defendant Railroad also filed a Notice of Removal of the state court action to federal court.

On June 5, personal service in the state court action was made on all of the Georgia resident Defendants, as well as on the Defendant Railroad’s agent for service of process in Atlanta.

On June 10, the Plaintiff filed a motion in federal court to remand the case back to state court.

In consideration of the above facts, please respond to the following questions:

Questions:
1. As to the removal of this case to federal court, what requirements have to be satisfied for the removal to be authorized by federal law, and have they been satisfied here?

2. What procedural requirements must Plaintiff satisfy for and what arguments should the Plaintiff make in support of his Motion to Remand the case back to state court?

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cavalier1138

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Re: Hypothetical IRAC format. Need help. Please HELP

Post by cavalier1138 » Wed Sep 18, 2019 7:26 am

This looks an awful lot like you trying to get help on an assignment for class when your teacher told you to work on your own...

QContinuum

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Re: Hypothetical IRAC format. Need help. Please HELP

Post by QContinuum » Fri Sep 20, 2019 2:55 pm

cavalier1138 wrote:This looks an awful lot like you trying to get help on an assignment for class when your teacher told you to work on your own...
I second the above and so am locking this thread. OP, consider this an unofficial warning. TLS is not to be used in furtherance of academic dishonesty.

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