Civil Procedure: Removal (28 U.S.C. § 1441)

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00:00 What Is Subject Matter Jurisdiction?
The video opens by reviewing the three requirements for a court to hear a case, focusing specifically on subject matter jurisdiction at the federal level.

01:07 Introduction to Removal
Removal is introduced as the fourth path to federal subject matter jurisdiction, following federal question, diversity, and supplemental jurisdiction.

02:13 The Defendant’s Right to Remove
Unlike the plaintiff’s initial choice of forum, removal allows a defendant to transfer a case from state court to federal court under certain conditions.

03:44 Why Defendants Might Remove
The policy behind removal is explained—defendants may seek federal court for perceived neutrality, especially when sued in the plaintiff's home state.

05:12 Basic Requirements for Removal
A case can generally be removed if it could have originally been filed in federal court, typically under federal question or diversity jurisdiction.

08:38 Federal Question-Based Removal
Removal is straightforward when based on a claim arising under federal law, with fewer restrictions and exceptions.

08:57 Only Defendants Can Remove
A bright-line rule: only defendants—not plaintiffs—can initiate removal from state to federal court.

12:40 Consent Required for Multiple Defendants
When multiple defendants are involved, all must consent to removal unless specific exceptions apply based on joined claims.

15:54 The 30-Day Rule for Removal
Defendants must file a notice of removal within 30 days of formal service, not just receipt of the complaint, as clarified by Murphy Brothers.

19:05 Multiple Defendants and Timing Nuances
Later-served defendants can still initiate removal, and earlier defendants may join in—even if their own 30-day window has passed.

21:08 When a Case Becomes Removable Later
If a case starts as non-removable but later meets federal criteria (e.g., after amendment), the 30-day removal window begins at that point.

24:46 Diversity-Based Removal: Two Extra Rules
When removal is based solely on diversity jurisdiction, courts apply the “home court rule” and a one-year time limit.

25:10 The Home Court Rule (1441(b)(2))
A defendant sued in their own state court cannot remove a case based solely on diversity—this avoids “home field advantage” removals.

29:02 The One-Year Limitation
A diversity-based case must be removed within one year of commencement, unless the plaintiff acted in bad faith to block removal.

34:39 Special Venue Rule for Removed Cases
Venue in removal cases is dictated by §1441(a)—not the general venue statute—and must be the district embracing the original state court.

39:08 Summary of Removal Rules
The lesson concludes with a recap of all removal requirements, emphasizing that it’s essentially a reapplication of federal question and diversity principles with a few unique twists.

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