Worksheet on Removal Jurisdiction

Worksheet on - Worksheet on Removal Jurisdiction 28 USC 1441 1446 1447 1 John(NY serves Mary(NJ with a summons and complaint in an action in NJ

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Worksheet on Removal Jurisdiction: 28 USC 1441, 1446, 1447 1. John (NY) serves Mary (NJ) with a summons and complaint in an action in NJ state court for damages of $100,000 arising from Mary's alleged breach of an employment contract. Can Mary remove the suit to federal court? Can she remove the suit to federal court in NY? No, diversity destroyed as no ∆ can be from the state where filed Can’t go to NY either b/c the case can only be removed to a Fed Crt w/in the state where filed 2. John (NY) serves Mary (NJ) with a summons and complaint in an action in NJ state court for damages of$50,000 alleging a violation of the federal Fair Labor Standards Act. Can Mary remove the suit to federal court? Can she remove the suit to federal court in NY? The FLSA has been declared by the SC to present a Fed ?, but she can only remove to (again) a Fed Crt in NJ (where originally filed). 3. John (NY) serves Dr. Mary (NJ) and Dr. Fred (NY) with a summons and complaint in an action in NY state court for damages of $1 00,000 arising from medical malpractice. Can the defendants remove the action to federal court? No: Diversity is defeated by Fred and John both being from NY a. Assume that Dr. Fred is from Connecticut. Can the defendants remove the action to federal court? What if Dr. Fred's lawyer refuses to join Dr. Mary in the petition for removal? Yes: Dr. Fred as a citizen of Ct. creates acceptable diversity, however it’s established rule that all parties properly joined as ∆s must agree to removal b. What if John (NY) sues Dr. Mary (NJ) and Dr. Fred (CT) and agrees in a stipulation to an extension of two weeks in defendants' time to file a removal petition in an effort to facilitate settlement discussions. The defendants file their removal petition 40 days after service of the summons and complaint within the time contemplated by the stipulation. What result if John moves to remand to state court and defendants claim estoppel? No: It is express and clear in the statute that 30 days is the limit c. John (NY) serves Dr. Mary (NJ) and Dr. Fred (CT) in NY state court for damages of $1 million dollars for medical malpractice. The defendants file a petition for removal in the federal court in NY and the judge's clerk mistakenly calculates that their petition is untimely and, as a result the federal court remands the action to NY state court. Can defendants appeal? Seek a writ of mandamus? No: Decisions to remand are immune from appeal, to include writs of mandamus 4. John serves Dr. Mary (NJ) and Dr. Fred (CT) with a summons and complaint in an action in New York state court for medical malpractice alleging damages of $1 00,000. a. Neither Dr. Mary nor Dr. Fred know the legal residence of John and, because the action is in NY state court, John has not mentioned either his citizenship or theirs in the complaint until discovery, six months after service, defendants discover that John is from NY. Are they permitted to remove the action? What if Dr. Fred's lawyer refuses
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/10/2011 for the course LAW Civ Pro taught by Professor Arkin during the Spring '10 term at Fordham.

Page1 / 3

Worksheet on - Worksheet on Removal Jurisdiction 28 USC 1441 1446 1447 1 John(NY serves Mary(NJ with a summons and complaint in an action in NJ

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online