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Removal Problems

Removal Problems. Car wreck in Jackson Co, MO. -- $500K Case filed in Circuit Court of Jackson Co. Paul. Dennis. Denise. v. &. Can Defendants remove? Why or why not? If they could remove, to what court would they remove?.

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Removal Problems

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  1. Removal Problems

  2. Car wreck in Jackson Co, MO. -- $500KCase filed in Circuit Court of Jackson Co Paul Dennis Denise v. & • Can Defendants remove? • Why or why not? • If they could remove, to what court would they remove?

  3. Discrimination case under Title VIICase filed in Circuit Court of Jackson Co Paul Dennis Denise v. & • Can Defendants remove? • Why or why not? • Could Denise remove if Dennis objected to removal?

  4. Anti-trust suit over which federal courts have exclusive jurisdiction.Case filed in Circuit Court of Jackson Co Paul Dennis Denise v. & • Can Defendants remove even though the Circuit Court has no right to act in the case? • Why or why not?

  5. Filed in NV Served 2/1/92 Pen Dan Doris Dan smashed P’s knee. Dr. Doris fixed wrong knee. Suit for $1 million. v. & • Can D’s jointly remove? • Can Dan remove separately? • Can Doris remove separately?

  6. Filed in NV Served 2/1/92 Pen Dan Doris D&D violated Title VII D&D failed to pay $300K note v. & • Can D’s remove to federal court? • What documents must they file? • Where do they file them? • What is the deadline? • What should the district court do?

  7. Filed in NV Served 2/1/92 Pen Dan Doris D&D battered P in Nevada P sues both claiming $300K each v. & On 10/1/92, P voluntarily dismisses claim against Dan. Suppose P waits until 3/1/93, to voluntarily dismiss claim against Dan. Suppose instead that, on 6/1/92, state court grants Dan’s SJ Motion. • Can D’s remove to federal court? Now, can Doris remove to federal court? Could Doris remove to federal court in that situation? Can Doris remove since Dan was dismissed before 12 months passed?

  8. Doug Designer Priscilla Instead, P voluntarily reduces prayer to $49K, i.e., to less than jurisdictional amount DelCorp (Mfr) v. P sues DelCorp in KS state court ($80K). DelCorp removes to federal court. P learns Doug is the designer & moves to amend to add Doug as additional D. What can the federal court do? What should the federal court do?

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