Removal Problems

1
Removal Problems
2
Car wreck in Jackson Co, MO. -- 500KCase filed
in Circuit Court of Jackson Co
v.

• Can Defendants remove?
• Why or why not?
• If they could remove, to what court would they
  remove?

3
Discrimination case under Title VIICase filed in
Circuit Court of Jackson Co
v.

• Can Defendants remove?
• Why or why not?
• Could Denise remove if Dennis objected to removal?

4
Anti-trust suit over which federal courts have
exclusive jurisdiction.Case filed in Circuit
Court of Jackson Co
v.

• Can Defendants remove even though the Circuit
  Court has no right to act in the case?
• Why or why not?

5
v.

• Can Ds jointly remove?
• Can Dan remove separately?
• Can Doris remove separately?

6
v.

• Can Ds remove to federal court?
• What documents must they file?
• Where do they file them?
• What is the deadline?
• What should the district court do?

7
v.

On 10/1/92, P voluntarily dismisses claim against
Dan.
Suppose P waits until 3/1/93, to voluntarily
dismiss claim against Dan.
Suppose instead that, on 6/1/92, state court
grants Dans SJ Motion.

• Can Ds remove to federal court?

Now, can Doris remove to federal court?
Could Doris remove to federal court in that
situation?
Can Doris remove since Dan was dismissed before
12 months passed?
8
DelCorp (Mfr)
v.
P sues DelCorp in KS state court (80K). DelCorp
removes to federal court.
P learns Doug is the designer moves to amend to
add Doug as additional D.
What can the federal court do?
What should the federal court do?