A defendant may remove an action to a federal court when the action had original federal jurisdiction but was asserted in a state court.
A diversity action may only be removed when neither party is a citizen of the state in which the action was asserted.
C. Defendant’s Right
The right of removal is a defendant’s right, not a plaintiffs.
D. Valid State Jurisdiction
Necessary The state court’s jurisdiction must be valid for removal jurisdiction to be valid.