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A consumer filed a breach of contract action against a seller in a state court in State A, seeking $100,000 in damages. The consumer was a citizen of State A. The seller was a State B corporation whose principal place of business was in State A. Five days after being served with the complaint and summons, the seller removed the action to federal district court. Seven months later, the consumer filed a motion to remand the action back to state court.
How should the federal court rule on the motion to remand the action to state court?CorrectIncorrect
A homeowner hired a termite company to treat an older house to protect it from termite infestation. The termite company determined that it had to remove dirt from around part of the foundation in order to treat the house properly, and hired a subcontractor to remove the dirt with a backhoe. While removing the dirt, the subcontractor damaged the foundation of the house. The homeowner filed an action against the termite company in federal district court. The case went to trial, the termite company was found liable, and it paid the plaintiff $90,000 in damages. Because it was the subcontractor who actually damaged the house, the termite company now wants to sue the subcontractor to recover the money it had to pay the homeowner.
May the termite company maintain its claim against the subcontractor in an independent action?CorrectIncorrect
A criminal suspect filed an action in federal district court against the police officer who arrested him and the city that employed the officer, claiming that the officer beat him even though he was not resisting arrest. The suspect’s action asserted a battery claim against the police officer and a federal statutory claim against the city for violation of the suspect’s civil rights. The suspect and the police officer are citizens of State A, and the city in which the arrest took place is in State A. The action seeks $50,000 each from the police officer and the city.
Does the federal district court have subject matter jurisdiction over either of the claims?CorrectIncorrect