Satisfy some requirement for removal other than subject matt

Assignment Help Other Subject

Reference no: EM133812515

Question

(a) If Plaintiff feels that a case should not have been removed because Defendant failed to satisfy some requirement for removal other than subject matter jurisdiction, what should Plaintiff do? When must Plaintiff do so? If the federal court agrees with Plaintiff, what will it do? Note that if Plaintiff fails to move to remand within the allotted time, she waives the matter and the case will stay in federal court. (b) How would your answer to Question (a) be different if the federal court lacked subject matter jurisdiction over the case? Remember, a federal court cannot hear a case that lacks federal subject matter jurisdiction. This is why there is no time limit on remanding such a case to state court. (c) The Motleys, citizens of Kentucky, sue Railroad, also a citizen of Ken- tucky, in a state court, seeking breach of contract damages. The Mottleys' complaint alleges that the Railroad's reliance on a federal statute as an excuse for not giving them their lifetime passes is ill-founded. Railroad removes the case. Neither the parties nor the court recognizes that there is a problem with subject matter jurisdiction. The case is litigated for two years, with great expense to the parties and investment of time by the court. At that point, the court determines that there was no federal subject matter jurisdiction over the case. What must the federal court do? It has no option, for a reason to which we now turn.

Reference no: EM133812515

Questions Cloud

Plaintiff is not required to state dollar figure for damages : In many states, a plaintiff is not required to state a dollar figure for her damages. In most states, even when she does state a dollar figure,

Global Positioning System : A car manufacturer has decided to install a Global Positioning System (GPS) in its new cars to collect data about customers' driving patterns.

Discovery is pretrial right of the adversary to inspect : The right of discovery is the pretrial right of the adversary to inspect, review, and copy certainmaterials held by the opposition

Defendant failed to satisfy some requirement for removal : A case should not have been removed because Defendant failed to satisfy some requirement for removal other than subject matter jurisdiction

Satisfy some requirement for removal other than subject matt : If Plaintiff feels that a case should not have been removed because Defendant failed to satisfy some requirement for removal other than subject matter jurisdic

Lay venue in any district where all defendants reside : P may lay venue in any district where all defendants reside, and if all defendants reside in different districts of the forum state,

Manufacture-distribution and sale of hammers : In the Articles of Incorporation, Hammerhead Corporation's primary purpose is the manufacture, distribution, and sale of hammers.

Most important steps in the digital forensic investigation : Maintaining evidence integrity is one of the most important steps in the digital forensic investigation.

Mortgage is fannie mae-freddie mac uniform mortgage : You have granted a mortgage on your home to First Bank and Trust. The mortgage is a Fannie Mae/Freddie Mac Uniform Mortgage.

User Account

All Pages