Legal Question in Civil Litigation in Florida

subject matter jurisdiction

p from fla sues D from PA in fed ct for fed question claim and PA state claim (75k). if there is summary judgment on 1st count, D can move to remove the state claim to PA state ct. P can petition to keep it in fed ct for diversity purposes. P would win because it was properly brought in fed ct and feds dont remove to state ct. Right?


Asked on 4/20/08, 1:13 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: subject matter jurisdiction

If there is diversity jurisdiction, even when the federal question claim is dismissed, the defendant cannot move the remaining state law claim from federal court to state court. As long as there is diversity jurisdiction you stay in federal court.

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Answered on 4/20/08, 1:53 pm


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