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CaseBriefs

Removal

A. Generally

A defendant may remove an action to a federal court when the action had original federal jurisdiction but was asserted in a state court.

B. Exception

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.

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