Legal Question in Business Law in California
When can a party move from state to federal court?
Asked on 3/11/14, 11:13 pm
2 Answers from Attorneys
Well, yes, IF: The party is a defendant AND they file a notice of removal within the proper time AND there is Federal jurisdiction based on Federal question or Diversity jurisdiction, AND they "dot their "i's" and cross their "t's" so that the Federal Court doesn't have grounds to remand back to the state court. Or, in other words, no, unless they have a good lawyer.
Answered on 3/11/14, 11:21 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. McCormick. A defendant filing a notice of removal is either very sophisticated or is very foolish.
Answered on 3/12/14, 8:25 am
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