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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