MBE Question: Removal Based on Diversity
The video below is in response to a question I received from a student regarding an MBE question concerning whether a defendant properly removed a civil case from state court to federal court based on diversity. 28 USC § 1332 provides federal courts with jurisdiction based on diversity and 28 USC § 1441 provides for removal to federal court from state court in certain actions.
Follow up Question
Assume similar facts as presented in the video. Plaintiff is from State A and retailer is incorporated in State B with a principal place of business in State C. Plaintiff sues retailer and another defendant (D2) in State B state court. Assume both defendants are served at the same time. Would removal by D2 to State B’s federal court 20 days after service of the complaint be proper?
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