Civpro Removal & Venue.txt

• D may remove an action to federal court where the state court is located as long as the case could have been filed there originally.
• o If multiple defendants not from the forum state, then all must consent to removal

Always remove if all defendant’s agree

• 1. Can’t be removed if filed in any defendant’s home state to avoid prejudice to out of state D
• 2. must be removed within 1 year (1446)

When a case is removed from state court to federal court venue is appropriate in the district court servicing the area where the state court is located.

• To remove must certify under rule 11 that complaint arises under federal law or has diversity
• - Must file within 30 days after service of defendant

• Federal may remand portions back to state where state Q predominates
• - Case can be remanded if:
• 1. cause of action was improperly removed
• 2. lack of subject matter jurisdiction
• 3. at the court’s discretion if state law predominates
• 4. must file for remand within 30 days of removal
• - (Brought by the plaintiff only)

• As the appropriate place for trial, venue is generally good where
• 1) any D resides, if all Ds reside in the same state;
• 2) or where a substantial number of events giving rise to the claim occurred.

• 1) Where any defendant resides if all from the same state,
• 2) where a substantial part of the events or omissions giving rise to the claim occurred or where the party is situated,
• 3) where any defendant is subject to personal jurisdiction

• 1) Where any defendant resides if all from the same state,
• 2) where a substantial part of the events or omissions giving rise to the claim occurred or where the party is situated,
• 3) where any defendant can be found

• 1) Where a corporation is subject to personal jurisdiction (principle place of business, state of incorporation),
• 2) if state has multiple districts, choose where there is the most significant contacts

o There is only one kind of alien (unlike diversity jurisdiction)

If venue is appropriate in the original suit, venue will be appropriate for any transactionally related third party claims.

When a case is removed from state court to federal court venue is appropriate in the district court servicing the area where the state court is located

If a defendant fails to object to a defect in venue in the first motion or pleading, any such defect is waived