Removal jurisdiction is the power of the defendant to move a lawsuit
filed in state court to federal court. This must be done within 30 days
of the defendant’s receipt of the summons with initial pleading in a
case. Furthermore, the defendant must have a reason to move the case,
such as diversity jurisdiction or federal question jurisdiction.
Research the basis for removal jurisdiction, using LexisAdvance or Fastcase. Your supervising attorney has brought the case of Dorothy West
to you, and asked you to get up to speed on removing a case from Kansas
to federal court. Dorothy West, the Plaintiff, is from Kansas, and has
sued your client, Wendy Witch, in your home state due to an accident on
an icy road last winter. Your client, Wendy, was intoxicated when the
accident occurred. Your supervising attorney is concerned with the case
being in front of the state court judge, Judge Albright, who is
notoriously hard on drunk driving after his daughter was injured by a
drunk driver years ago. He would like to get the case in front of a
federal judge in federal court, if at all possible.
Compose a memorandum to your supervising attorney, explaining whether removal is possible in this case.
You should also explain what a Notice of Removal would need to contain,
and how long you have before the Notice needs to be filed. Fully
explain where the notice is filed–is anything filed in state court or
federal court? Will you still need to file an answer in state court if
it is removed to federal court? If it is removed, how long do you have
to file an answer in federal court? You should consult federal statutes
and case law, as well as your local rules of court for the federal court
overseeing your hometown.
My state is florida county Hillsborough