28 U.s.c. 1441 Explained
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How to fill out Sample Letter To Court Clerk Regarding Filing Answer - Cover Letter?
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In some cases, where the basis for removal is ?federal question? jurisdiction (where a claim is based on federal law) and that claim is later dismissed, leaving only state law claims, a judge may decline to exercise jurisdiction over the remaining state law claims, and they can be re-filed in state court.
In the United States, removal jurisdiction allows a defendant to move a civil action or criminal case filed in a state court to the United States district court in the federal judicial district in which the state court is located. A federal statute governs removal.
This ?forum defendant rule? is encompassed in 28 U.S.C. § 1441(b)(2) and generally prevents removal on the basis on diversity when the suit is filed in the defendant's home state.
Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the ...
Under 28 U.S.C. § 1441, defendants can remove a civil action from state to federal court if the federal district court will have either diversity jurisdiction or federal question jurisdiction. Removal is ?strictly construed? and the removing party bears the burden of establishing removal is proper.
