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If removal is based solely on diversity of citizenship, removal jurisdiction does not exist if any properly joined and served defendant is a citizen of the state in which the action is pending. [ 1 ] Where removal jurisdiction exists, the defendant may remove the action to federal court by filing a notice of removal in the federal district ...
In United States law, jurisdiction-stripping (also called court-stripping or curtailment-of-jurisdiction) is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts.
The 1875 Act was the culmination of a series of acts that expanded the authority of the federal judiciary after the American Civil War.Headed "An Act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes", [1] it granted the U.S. circuit courts the jurisdiction to hear all cases arising under the ...
The typical case involving a certified question involves a Federal court, which because of diversity, supplemental, or removal jurisdiction is presented with a question of state law. In these situations, the Erie doctrine [ 8 ] requires the Federal court that acquires jurisdiction over cases governed in part by state law to apply the ...
The Fourth Circuit's decision furthered a circuit split with how appellate courts can review challenges to the federal-officer removal statute. The Fourth Circuit's decision was shared by seven other circuits in which the appellate court can only look at the circumstances on the removal jurisdiction, while the Seventh Circuit had recently joined the opinion of the Fourth and Fifth Circuit's ...
Diversity is determined at the time that federal court jurisdiction is invoked (at time of filing, if directly filed in U.S. district court, or at time of removal, if removed from state court), and on the basis of the state citizenships of the parties at that time. A change in domicile by a natural person before or after that date is irrelevant ...
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Board of Regents of University System of Georgia, 535 U.S. 613 (2002), the Supreme Court ruled that when a state invokes a federal court's removal jurisdiction, it waives the Eleventh Amendment in the removed case.