Question
What two things are necessary for removal of a state-issue case originally filed in state court t...
What two things are necessary for removal of a state-issue case originally filed in state court to federal court?
i. _________________________ ii. _________________________
Answers
1. If there is more than one plaintiff and/or more than one defendant, there must be complete diversity of citizenship. This means that you may not live in the same state as any defendant. For example, you are a citizen of New York. If you are involved in a car accident with one person from New Jersey and one person from New York, you cannot sue in federal court. Since you are from the same state as one of the defendants, there is not complete diversity of citizenship. You may proceed in the appropriate state court.
2. The amount of damages in controversy must be more than $75,000. If the amount you seek to recover is $75,000.00 or less, you cannot file your action in federal court, even if there is complete diversity of citizenship.
If you cannot satisfy both of these requirements, you cannot file your case in federal court.
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