Wd50000d032 remove case9/21/2023 ![]() ![]() ![]() Comparatively, the standards for appointment to the federal courts, while still including political connections, are ‘higher’ in that the judges have to obtain Presidential nomination and U.S. ![]() Why Should Defendants Remove? We should not pass over the basic question as to “why” this is important.Many of us feel that the federal judiciary is overall “better” than state judges. We not here address the removal provisions of the Class Action Fairness Act. Timing of removal is a paramount consideration.If removal would be timely, there are three bases for removal that we will briefly review: federal subject matter jurisdiction (§1331) diversity jurisdiction (§1332) and federal officer/property removal (§ 1442). Removal jurisdiction derives from provisions of Title 28 of the U.S. Equally important for defense counsel is to determine whether the case can be removed to federal court. In a previous article, we examined the prerequisites for a Court to exercise in personam jurisdiction over a Defendant. ![]()
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