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Removal and Remand: Investigating the Data on Removal to Federal Court

In Procedure, US District Courts by Taylor Dalton1 Comment

Removal to federal court is a powerful tool of the parallel judicial systems in the U.S. to oust a case from state court jurisdiction. A defendant can automatically remove a case from state court, filing the proper notices and supporting documents, if the case could have originally been brought in federal court, usually based on diversity or federal questions jurisdiction. 28 U.S.C. § 1441 et seq. After being served with a state court complaint, defendants must decide how to respond in a relatively short amount of time, deciding whether to answer, challenge the sufficiency of the claims or jurisdiction, or remove the case to federal court, if appropriate. However, defendants may not know at the outset whether their decision to remove to federal court will stick, so to speak. This is where historical data can help.