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Generally, removal jurisdiction exists only if, at the time plaintiff filed the action in state court, the federal court had a basis for exercising subject-matter jurisdiction over the action, such as diversity of citizenship of the parties or where plaintiff's action involves a claim under federal law. If removal is based solely on diversity ...
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 ...
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 effort — Trump's second federal removal bid — was quickly rejected. ... tersely declined to take over, noting that federal judges do not have jurisdiction to reverse or modify a state ...
Even the court’s staunchly conservative chief judge signaled that the state-to-federal “removal” procedure might not apply to former federal officials like Meadows because state charges ...
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.
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 ...
[38] The general removal statute authorizes the removal of any "civil action" over which the federal courts have "original jurisdiction," provided the defendant to that action opts to remove it. To determine whether the federal courts have original jurisdiction over a civil action, Thomas explained, the courts evaluate "whether the plaintiff ...