Yeazell,
pp. 251-259: Removal
The
statute that deals with removal from state court to federal court is 28 U.S.C. § 1441.
Notes
and Problems
1. The federal
courts don’t have original jurisdiction, so you can’t remove.
2. The defendant
could remove, although they probably wouldn’t need to because the federal
courts have exclusive jurisdiction over copyright matters and the state court
will probably dismiss for lack of subject matter jurisdiction.
3. This is a
classic removal situation under federal question jurisdiction.
4. If the
plaintiff had brought suit in federal court in
5. Based on the
other clause of § 1441(b), this is removable, because there’s a federal
question. The statute tells us that we
don’t care where any of the parties are from or whether they’re from different
states as long as we have a federal question in the complaint.
6. Because the
second defendant is a citizen of the state where the suit was brought, we can’t
remove under § 1441(b).
7. It appears
that there will be no problem now because the case, or rather, claim can
be properly removed.
8. The actual
process of removal is described in 28 U.S.C. § 1446 and
defense to removal is in 28 U.S.C. § 1447.
Case:
Caterpillar, Inc. v. Lewis