Civil Procedure Keyed to Subrinback
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An employee filed in state court a civil action alleging sexual harassment in the workplace. She asserted federal statutory employment discrimination claims against her employer, and she asserted a state law battery claim against the co-worker who allegedly engaged in the sexual harassment. The plaintiff employee, the defendant employer, and the defendant co-worker are all citizens of the state in which the action was filed.
May the defendants properly remove the action to federal district court?CorrectIncorrect
A consumer was injured when his recently A citizen of State A and a citizen of State B were in an automobile accident in State A. The State A citizen filed a negligence action against the State B citizen in a State A state court, seeking $500,000 in damages.
May the State B citizen have the case removed to federal district court?CorrectIncorrect
P, a citizen of Nevada, sues D, a citizen of Wyoming, in a state court in Wyoming, asserting a one-count complaint alleging that D violated P’s rights under Title VII of the federal 1964 Anti-Discrimination Act. D files a motion to remove in the federal court of Wyoming.
What will the federal judge do?CorrectIncorrect
In state court, a personal injury plaintiff sued the non-diverse manufacturer of an over-the-counter drug that plaintiff had ingested as directed on the packaging. Plaintiff suffered serious impairment of her vision, which she claimed was due to the drug. She asserted state law product liability claims and claims for mislabeling of the drug in violation of state law requirements. The manufacturer pleaded in defense to the mislabeling claim that the claim was preempted by federal law, which mandates requirements for the labeling of the drug, with which defendant complied. Defendant also filed a timely notice of removal with the local federal district court. Plaintiff has moved to remand for lack of subject-matter jurisdiction.
How should the court rule on the motion to remand the case back to state court?CorrectIncorrect
A researcher and an analyst had employment contracts with a corporation. The corporation fired them because it believed they had conspired to give its trade secrets to a competitor. Knowing that the conspiracy allegations were not true, the researcher and the analyst sued the corporation in federal district court for breach of their employment contracts. The researcher seeks $100,000 in damages and the analyst seeks $50,000. They are both citizens of Florida. The corporation is incorporated in Pennsylvania, and its principal place of business is in Pennsylvania.
Does the federal district court have subject matter jurisdiction over both of the claims?CorrectIncorrect