0
Can plaintiff in civil statecase remove to federal jurisdiction?
Wiki User
∙ 14y ago
No. Only the Defendant has the right to remove. If the P wants to file the case in a federal court, they could have to get the case dismissed and re-file the case in the federal court. Plaintiff gets choice of forum, so if he wanted federal court, he should've filed it there initially.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
Are tobacco lawsuits being filed in federal court or in state court or both?
Cases will be filed in federal court if the plaintiff and the tobacco company are from different states. However, if a plaintiff sues the local stores he/she bought from the case may proceed in state court. However, tobacco companies will remove to federal court under theories that federal warning laws preempt state claims. A federal judge then decides to keep the case in federal court or remand to state court.
Do the Federal District Courts have diversity of citizenship jurisdiction?
Yes they do. Under Article III, Section 2, the federal judicial power extends to cases where the parties are citizens of different states. This Constitutional provision is implemented by Title 28 United States Code Section 1332. Under this statute, diversity jurisdiction is limited to cases where the amount in controversy exceeds the sum of $75,000 exclusive of interests and costs.
How can you remove a lien if plaintiff is deceased?
You must obtain a release from the plaintiff's estate.You must obtain a release from the plaintiff's estate.You must obtain a release from the plaintiff's estate.You must obtain a release from the plaintiff's estate.
What kind of jurisdiction does the US Supreme Court automatically have?
The US Supreme Court has automatic jurisdiction over cases involving disputes between states, cases involving ambassadors and public ministers, and cases where a state is a party. It also has appellate jurisdiction over cases involving federal law and constitutional issues that have been decided by lower federal and state courts.
Why is the capital of the United States located in the District of Columbia?
The District of Columbia was created to be the capital, to remove it from the jurisdiction of any individual state and place it in the control of the Federal government. The site was chosen by George Washington
Can not remove a child from the jurisdiction of this court?
A court order prohibiting the removal of a child from its jurisdiction means that the child cannot be taken out of the area specified by the court. This is often done to ensure that the child's welfare and custody arrangements are properly monitored and maintained. Violating this order could result in legal consequences.
Which court federal or state would hear a case involving citizens of two different states?
Sometimes either. A civil case may be tried in the state of the party filing suit, or a party can invoke federal diversity jurisdiction and remove the case to federal court if the amount of the claim is in excess of $75,000.
When a case can be heard in either a state or federal court?
A case that can be heard in either a state or federal court is sometimes called a "class action" case. Other cases that can be heard in federal or state courts are crimes that are punishable under both laws, federal constitutional issues, some civil rights claims, environmental regulations, and certain disputes that involve federal law.
Can a bailiff remove goods from a house not belonging to the plaintiff?
he better have a court order, even if it is a civil suit, they cannot remove any goods with out a warrant or an order
Can you remove a catalytic converter and have no engine light?
It is Illegal and a violation of Federal Law, to remove the catalitic converter.
How did John Marshall remove Indians?
He didn't. Chief Justice John Marshall opposed the federal government removing the Cherokee from their land, but never had an opportunity to hear a case against the United States in which the Supreme Court had appropriate jurisdiction to issue a ruling.
Can you remove someones personal property left at your apartment?
The laws for how to handle and/or dispose of so-called "abandoned property" vary from jurisdiction to jurisdiction. Contact your local authories and ask what you have to do to consider it "abandoned."
