CIVPRO Spotlight: Removal and Remand Explained - How Defendants Get From State to Federal Court

 🎙️ Civil Procedure Spotlight: Removal and Remand Explained - How Defendants Get From State to Federal Court

In this episode, we focus on the rules for removing a case from state to federal court—how defendants can transfer a lawsuit, and when they can’t.

Part 1 – What is Removal?

• Removal = a defendant’s power to shift a case from state court into federal court, if it could have been filed there originally.
• Plaintiffs pick the forum first, but defendants get a “second bite at the apple.”
• If removal is improper, plaintiffs can challenge it with a motion to remand.

Part 2 – Eligibility Rules (28 U.S.C. §1441)

• Only defendants can remove (never plaintiffs or third-party defendants).
• Federal court must have original jurisdiction:
  – Diversity example: TX plaintiff v. MD defendant, $1M at stake → removable.
  – Federal question example: A Title VII claim filed in state court → removable.
• Forum Defendant Rule: no removal on diversity grounds if any defendant is a citizen of the forum state. Mnemonic: “Home field, no removal.”
• Fraudulent Joinder: Courts may ignore sham defendants added just to block removal.
• Some cases (like FELA or workers’ comp) are non-removable by statute.

Part 3 – Removal Procedure (§1446)

• Must file a notice of removal (not a motion).
• Unanimity rule: all properly joined and served defendants must consent in writing.
• Timing:
  – 30 days after service to file.
  – Each later-served defendant gets their own 30 days.
  – Diversity removals barred after 1 year, unless plaintiff acted in bad faith.

Part 4 – Case Studies

• Avitts v. Amoco: vague references to “federal law” aren’t enough—case was remanded.
• Lincoln Property v. Roche: diversity jurisdiction looks only at named parties, not hypothetical affiliates.

Wrap-Up Takeaway
👉 Removal is a defendant’s tool, but it’s filled with technical traps. Timing, unanimity, and jurisdiction must all line up—or the case goes back to state court.

If you like this Podcast, check out the American Law Café on YouTube for more law school–friendly breakdowns.

#CivPro #Removal #CivilProcedure #LawSchool #BarPrep #AmericanLawCafe #Jurisdiction

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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